US (United States) Code. Title 16. Chapter 41: Cooperative forestry assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

.

-HEAD-

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-MISC1-

Sec.

2101. Findings, purpose, and policy.

(a) Findings.

(b) Purpose.

(c) Policy.

(d) Construction.

2102. Rural forestry assistance.

(a) Assistance to forest landowners and others.

(b) State forestry assistance.

(c) Implementation.

(d) Authorization of appropriations.

2103. Forest land enhancement program.

(a) Establishment.

(b) Program objectives.

(c) State priority plan.

(d) Owner eligibility for assistance.

(e) Management plan.

(f) Approved activities.

(g) Reimbursement of eligible activities.

(h) Recapture.

(i) Distribution of cost-share funds.

(j) Availability of funds.

(k) Definitions.

2103a. Forest Stewardship Program.

(a) Establishment.

(b) Goal.

(c) ''Nonindustrial private forest lands'' defined.

(d) Implementation.

(e) Eligibility.

(f) Duties of owners.

(g) Stewardship recognition.

(h) Authorization of appropriations.

2103b. Repealed.

2103c. Forest Legacy Program.

(a) Establishment and purpose.

(b) State and regional forest legacy programs.

(c) Interests in land.

(d) Implementation.

(e) Eligibility.

(f) Application.

(g) State consent.

(h) Forest management activities.

(i) Duties of owners.

(j) Compensation and cost sharing.

(k) Easements.

(l) Optional State grants.

(m) Appropriation.

2104. Forest health protection.

(a) In general.

(b) Activities.

(c) Consent of entity.

(d) Contribution by entity.

(e) Allotments to other agencies.

(f) Limitation on use of appropriations.

(g) Partnerships.

(h) Authorization of appropriations.

(i) Integrated pest management.

2105. Urban and community forestry assistance.

(a) Findings.

(b) Purposes.

(c) General authority.

(d) Program of education and technical assistance.

(e) Procurement of plant materials.

(f) Challenge cost-share program.

(g) Forestry Advisory Council.

(h) Definitions.

(i) Authorization of appropriations.

2106. Rural fire prevention and control.

(a) Congressional findings.

(b) Implementation of provisions.

(c) Encouragement of use of excess personal property

by State and local fire forces receiving

assistance; cooperation and assistance of

Administrator of General Services.

(d) Coordination of assistance with assistance of

Secretary of Commerce under Federal fire

prevention and control provisions.

(e) Authorization of appropriations for

implementation of provisions.

(f) Special rural fire disaster fund; establishment,

appropriations, etc.

(g) Definitions.

2106a. Emergency reforestation assistance.

(a) In general.

(b) Form of assistance.

(c) Conditions.

(d) Definitions.

(e) Retroactive assistance.

2106b. Use of money collected from States for fire suppression

assistance.

2106c. Enhanced community fire protection.

(a) Cooperative management related to wildfire

threats.

(b) Community and Private Land Fire Assistance

Program.

(c) Consultation.

(d) Authorization of appropriations.

2107. Financial, technical, and related assistance to States.

(a) Development of State organizations for protection

and management of non-Federal forest lands;

scope of assistance; request by officials.

(b) Assembly, analysis, display, and reporting of

State forest resources data, resources

planning, etc.; scope of assistance; other

statutory provisions unaffected.

(c) Technology implementation program; scope of

program; availability of funds; use of forest

resources planning committees.

(d) Authorization of appropriations.

2108. Consolidation of payments.

(a) Request by State; excluded funds.

(b) State forest resources programs as basis.

(c) Amount of payments.

(d) Certification requirement by State forester or

equivalent State official for Federal payment.

(e) Administration of consolidated payments program

not to adversely affect, etc., other programs.

(f) Total annual amount of financial assistance to

participating State; financial assistance for

special projects not to be included in

determining base amount.

2109. General provisions.

(a) Cooperative and coordinating requirements for

implementation of programs, etc.

(b) Availability of appropriations.

(c) Consultation requirements for implementation of

programs, etc.

(d) Definitions.

(e) Rules and regulations.

(f) Granting, etc., authorities.

(g) Construction of statutory provisions.

(h) Additional assistance.

2110. Statement of limitation.

2111. Other Federal programs.

(a) Repeal of statutory authorities.

(b) Force and effect of contracts and cooperative and

other agreements under cooperative forestry

programs executed under authority of repealed

statutes.

(c) Availability of funds appropriated under

authority of repealed statutes for cooperative

forestry assistance programs.

2112. Cooperative national forest products marketing program.

(a) Findings and purposes.

(b) Program authority.

(c) Limitations.

(d) Authorization for appropriations.

(e) Program report.

2113. Federal, State, and local coordination and cooperation.

(a) Department of Agriculture Coordinating Committee.

(b) State Coordinating Committees.

2114. Administration.

(a) In general.

(b) Guidelines.

(c) Existing mechanisms.

(d) Land grant universities.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1606, 1650, 2106a of this

title; title 7 section 6614.

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16 USC Sec. 2101 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2101. Findings, purpose, and policy

-STATUTE-

(a) Findings

Congress finds that -

(1) most of the productive forest land of the United States is

in private, State, and local governmental ownership, and the

capacity of the United States to produce renewable forest

resources is significantly dependent on such non-Federal forest

lands;

(2) adequate supplies of timber and other forest resources are

essential to the United States, and adequate supplies are

dependent on efficient methods for establishing, managing, and

harvesting trees and processing, marketing, and using wood and

wood products;

(3) nearly one-half of the wood supply of the United States

comes from nonindustrial private timberlands and such percentage

could rise with expanded assistance programs;

(4) managed forest lands provide habitats for fish and

wildlife, as well as aesthetics, outdoor recreation

opportunities, and other forest resources;

(5) the soil, water, and air quality of the United States can

be maintained and improved through good stewardship of privately

held forest resources;

(6) insects and diseases affecting trees occur and sometimes

create emergency conditions on all land, whether Federal or

non-Federal, and efforts to prevent and control such insects and

diseases often require coordinated action by both Federal and

non-Federal land managers;

(7) fires in rural areas threaten human lives, property,

forests and other resources, and Federal-State cooperation in

forest fire protection has proven effective and valuable;

(8) trees and forests are of great environmental and economic

value to urban areas;

(9) managed forests contribute to improving the quality,

quantity, and timing of water yields that are of broad benefit to

society;

(10) over half the forest lands of the United States are in

need of some type of conservation treatment;

(11) forest landowners are being faced with increased pressure

to convert their forest land to development and other purposes;

(12) increased population pressures and user demands are being

placed on private, as well as public, landholders to provide a

wide variety of products and services, including fish and

wildlife habitat, aesthetic quality, and recreational

opportunities;

(13) stewardship of privately held forest resources requires a

long-term commitment that can be fostered through local, State,

and Federal governmental actions;

(14) the Department of Agriculture, through the coordinated

efforts of its agencies with forestry responsibilities,

cooperating with other Federal agencies, State foresters, and

State political subdivisions, has the expertise and experience to

assist private landowners in achieving individual goals and

public benefits regarding forestry;

(15) the products and services resulting from nonindustrial

private forest land stewardship provide income and employment

that contribute to the economic health and diversity of rural

communities; (FOOTNOTE 1)

(FOOTNOTE 1) See 1990 Amendment note below.

(16) sustainable agroforestry systems and tree planting in

semiarid lands can improve environmental quality and maintain

farm yields and income; and (FOOTNOTE 1)

(18) (FOOTNOTE 2) the same forest resource supply, protection,

and management issues that exist in the United States are also

present on an international scale, and the forest and rangeland

renewable resources of the world are threatened by deforestation

due to conversion to agriculture of lands better suited to other

purposes, over-grazing, over-harvesting, and other causes which

pose a direct adverse threat to people, the global environment,

and the world economy. (FOOTNOTE 1)

(FOOTNOTE 2) So in original. Probably should be ''(17)''.

(b) Purpose

It is the purpose of this chapter to authorize the Secretary of

Agriculture (hereafter in this chapter referred to as the

''Secretary''), with respect to non-Federal forest lands in the

United States, and forest lands in foreign countries, of the United

States, to assist in -

(1) the establishment of a coordinated and cooperative Federal,

State, and local forest stewardship program for management of the

non-Federal forest lands;

(2) the encouragement of the production of timber;

(3) the prevention and control of insects and diseases

affecting trees and forests;

(4) the prevention and control of rural fires;

(5) the efficient utilization of wood and wood residues,

including the recycling of wood fiber;

(6) the improvement and maintenance of fish and wildlife

habitat;

(7) the planning and conduct of urban forestry programs;

(8) broadening existing forest management, fire protection, and

insect and disease protection programs on non-Federal forest

lands to meet the multiple use objectives of landowners in an

environmentally sensitive manner;

(9) providing opportunities to private landowners to protect

ecologically valuable and threatened non-Federal forest lands;

and

(10) strengthening educational, technical, and financial

assistance programs that provide assistance to owners of

non-Federal forest lands in the United States, and forest lands

in foreign countries,. (FOOTNOTE 3)

(FOOTNOTE 3) So in original.

(c) Policy

It is the policy of Congress that it is in the national interest

for the Secretary to work through and in cooperation with State

foresters, or equivalent State officials, nongovernmental

organizations, and the private sector in implementing Federal

programs affecting non-Federal forest lands.

(d) Construction

This chapter shall be construed to complement the policies and

direction under the Forest and Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1600 et seq.).

-SOURCE-

(Pub. L. 95-313, Sec. 2, July 1, 1978, 92 Stat. 365; Pub. L.

101-513, title VI, Sec. 611(b)(1), (2), formerly Sec. 607(b)(1),

(2), Nov. 5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(1), (2),

Pub. L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub.

L. 101-624, title XII, Sec. 1212, Nov. 28, 1990, 104 Stat. 3521.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (d), was in the

original ''this Act'', meaning Pub. L. 95-313, July 1, 1978, 92

Stat. 365, known as the Cooperative Forestry Assistance Act of

1978. For complete classification of this Act to the Code, see

Short Title note set out below and Tables.

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (d), is Pub. L. 93-378, Aug. 17, 1974,

88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

-COD-

CODIFICATION

Pub. L. 101-513 and Pub. L. 101-624 were approved by the

President after Congress adjourned and in reverse order of passage

by Congress. Accordingly, the amendments made by Pub. L. 101-624

were executed to text prior to the amendments made by Pub. L.

101-513 to reflect the probable intent of Congress.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions which set forth Congressional

findings and declarations, and statements of purpose and national

interest, and which related to application with forest and

rangeland renewable resources provisions. See Codification note

above.

Pub. L. 101-513, Sec. 607(b)(1), directed the amendment of

subsec. (a) by striking out ''and'' at end of par. (16),

substituting ''; and'' for period at end of par. (17), and adding

par. (18) at end. The amendment of pars. (16) and (17) was

executed to pars. (15) and (16) to reflect the probable intent of

Congress. See Codification note above.

Pub. L. 101-513, Sec. 607(b)(2), which directed the amendment of

subsec. (b) by inserting ''in the United States, and forest lands

in foreign countries,'' after ''non-Federal forest lands,'' the

first place it appears and in paragraph (10), was executed by

making the insertion after ''non-Federal forest lands'' to reflect

the probable intent of Congress. See Codification note above.

EFFECTIVE DATE

Section 17, formerly section 14, of Pub. L. 95-313, as renumbered

Sec. 17 by Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,

104 Stat. 3525, provided that: ''The provisions of this Act (see

Short Title note below) shall become effective October 1, 1978.''

SHORT TITLE OF 1990 AMENDMENT

Section 1201 of title XII of Pub. L. 101-624 provided that:

''This title (enacting sections 582a-8, 1648, 1649, 1674a, 2103a to

2103c, 2106a, 2113, and 2114 of this title, amending this section

and sections 1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of

this title, and enacting provisions set out as notes under this

section and sections 582a, 1601, 1642, and 2112 of this title) may

be cited as the 'Forest Stewardship Act of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 95-313 provided: ''That this Act (enacting

this chapter, amending sections 1510 and 1606 of this title,

repealing sections 565, 566, 567, 568c to 568e, 594-1 to 594-5,

594a, and 1509 of this title, and sections 2651 to 2654 of Title 7,

Agriculture, enacting provisions set out as notes under this

section and section 1606 of this title, and repealing provisions

set out as notes under sections 568c and 594-1 of this title) may

be cited as the 'Cooperative Forestry Assistance Act of 1978'.''

AMERICA THE BEAUTIFUL ACT OF 1990

Subtitle C (Sec. 1261-1266) of title XII of Pub. L. 101-624, as

amended by Pub. L. 102-237, title X, Sec. 1018(e), Dec. 13, 1991,

105 Stat. 1905, provided that:

''SEC. 1261. SHORT TITLE.

''This subtitle may be cited as the 'America the Beautiful Act of

1990'.

''SEC. 1262. FINDINGS.

''Congress finds that -

''(1) trees and forests provide beauty and diversity to both

rural and urban landscapes;

''(2) trees and forests protect the United States's soil,

water, and wetland resources by filtering runoff and preventing

erosion;

''(3) trees and forests provide food and cover for many species

of wildlife;

''(4) trees and forests provide shade, block winds, and add

moisture to the air, thereby mitigating the urban 'heat island'

effect and significantly reducing energy use;

''(5) trees and forests make important contributions to the

environmental, social, and economic well-being of both rural and

urban areas across the United States; and

''(6) stewardship of trees and forests could be significantly

enhanced by encouraging, promoting, and supporting partnerships

and community service projects involving individuals, youth

groups, organizations, businesses and governments at all levels.

''SEC. 1263. PURPOSES.

''The purposes of this subtitle are to -

''(1) authorize the President to designate a private nonprofit

foundation as eligible for a one-time grant from the Secretary of

Agriculture, to be used for promoting public awareness and a

spirit of volunteerism, soliciting private sector contributions,

and overseeing the use of these contributions to encourage tree

planting projects in communities and urban areas;

''(2) promote the principles of basic forest stewardship

through the nationwide planting, improvement, and maintenance of

trees in order to increase reforestation, enhance the

environmental and aesthetic qualities of the United States's

rural and urban areas, and reduce global carbon dioxide levels;

''(3) authorize the Secretary of Agriculture to provide

increased financial and technical assistance to State forestry

agencies and others, and enter into cost-sharing agreements with

individuals, for the purpose of encouraging owners of

nonindustrial private lands to plant and maintain trees and

improve forests in rural areas; and

''(4) authorize the Secretary of Agriculture to provide

increased financial and technical assistance to State forestry

agencies and others for the purpose of encouraging units of local

government, civic groups, and individuals to plant and maintain

trees and improve forests in communities and urban areas.

''SEC. 1264. TREE PLANTING FOUNDATION.

''(a) Purpose. - The purpose of this section is to authorize the

President to designate a private nonprofit Foundation as eligible

to receive a grant from the Department of Agriculture to be used -

''(1) to provide grants, including matching grants, to

qualifying nonprofit organizations (including youth groups),

municipalities, counties, towns and townships for the

implementation of programs to promote public awareness and a

spirit of volunteerism in support of tree planting, maintenance,

management, protection, and cultivation projects in rural areas,

communities and urban areas throughout the United States;

''(2) to solicit public and private sector contributions

through the mobilization of individuals, businesses, governments,

and community organizations with the goal of increasing the

number of trees planted, maintained, managed, and protected in

rural areas, communities and urban environments;

''(3) to accept and administer public and private gifts and

make grants, including matching grants, to encourage local

participation, for the planting, maintenance, management,

protection, and cultivation of trees; and

''(4) to ensure that our descendants will be able to share

their ancestors' pride when referring to their land as 'America

the Beautiful'.

''(b) Authority. - The President is authorized to designate a

private nonprofit organization (hereafter in this section referred

to as the 'Foundation') as eligible to receive funds pursuant to

subsections (d) and (e) upon determining that such organization

can, consistent with its charter, carry out the purposes stated in

subsection (a), and that the officers of such organization have the

experience and expertise necessary to direct the activities of the

organization. Nothing in this section shall be construed to make

officers, employees, or members of the board of directors of the

Foundation officers or employees of the United States. The

Foundation shall be a private and nonprofit organization and not an

agency or establishment of the United States.

''(c) Implementation. - The Foundation shall carry out this

section in accordance with the purposes stated in subsection (a).

''(d) Funding. - For fiscal year 1991, the Secretary is

authorized to make a grant of not to exceed $25,000,000 to the

Foundation.

''(e) Use of Funds. - Funds made available pursuant to subsection

(d) shall be granted to the Foundation by the Secretary to enable

the Foundation to carry out the purposes specified in subsection

(a).

''(f) Interest. - Notwithstanding any other provision of law, the

Foundation may hold funds made available pursuant to subsection (e)

in interest-bearing accounts prior to the disbursement of the funds

for purposes specified in subsection (a) and may retain to carry

out such purposes any interest earned on the deposits.

''(g) Limitations on Uses of Funds. -

''(1) In general. - The Foundation may use funds provided by

this section only for making grants to qualified organizations,

municipalities, counties, towns and townships for the

implementation of projects and activities that are consistent

with the purposes specified in subsection (a).

''(2) Qualified organizations. - For the purposes of this

section, qualified organizations shall consist of those

organizations that meet the requirements of section 501(c)(3) of

the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have

demonstrated a capability to implement the project or activity

for which the Foundation funds will be used.

''(h) Compensation from Outside Sources. - An officer or employee

of the Foundation may not receive any salary or other compensation

for services rendered to the Foundation from any source other than

the Foundation.

''(i) Stock and Dividends. - The Foundation shall not issue any

shares of stock or declare or pay any dividends.

''(j) Lobbying. - The Foundation shall not engage in lobbying or

propaganda for the purpose of influencing legislation and shall not

participate or intervene in any political campaign on behalf of any

candidate for public office.

''(k) Salary; Travel and Expenses; Conflicts of Interest. -

''(1) Personal benefit from funds. - No part of the funds of

the Foundation shall inure to the benefit of any board member,

officer, or employee of the Foundation, except as salary or

reasonable compensation for services or expenses.

''(2) Travel and expense reimbursement. - Compensation for

board members shall be limited to reimbursement for reasonable

costs of travel and expenses.

''(3) Conflicts of interest. - No director, officer, or

employee of the Foundation shall participate, directly or

indirectly, in the consideration or determination of any question

before the Foundation affecting -

''(A) the financial interests of the director, officer, or

employee; or

''(B) the interests of any corporation, partnership, entity,

or organization in which such director, officer, or employee -

''(i) is an officer, director, or trustee; or

''(ii) has any direct or indirect financial interest.

''(l) Records; Audits. - The Foundation shall ensure that -

''(1) each recipient of assistance provided through the

Foundation under this section maintains, for at least 5 years

after the receipt of the assistance, separate accounts with

respect to the assistance and such records as may be reasonably

necessary to disclose fully -

''(A) the amount and the disposition by the recipient of the

proceeds of the assistance;

''(B) the total cost of the project or undertaking in

connection with which the assistance is given or used;

''(C) the amount and nature of that portion of the cost of

the project or undertaking supplied by other sources; and

''(D) such other records as will facilitate an effective

audit; and

''(2) the Foundation and any duly authorized representative of

the Foundation shall have access, for the purpose of audit and

examination, to any books, documents, papers, and records of the

recipient that are pertinent to assistance provided through the

Foundation under this section.

''(m) Audits. -

''(1) Independent audits. - For the fiscal year in which the

Foundation receives the grant awarded under subsection (e), and

for the succeeding 5 fiscal years, the accounts of the Foundation

shall be audited annually in accordance with generally accepted

auditing standards by an independent certified public accountant

or an independent licensed public accountant certified or

licensed by a regulatory authority of a State or other political

subdivision of the United States. The report of each such

independent audit shall be included in the annual report required

by subsection (n).

''(2) Agency audits. - For the fiscal year in which the

Foundation receives the grant awarded under subsection (d), and

for the succeeding 5 fiscal years, the financial transactions

undertaken pursuant to this section by the Foundation may be

audited by any agency designated by the President.

''(n) Annual Reports. -

''(1) In general. - Not later than 3 months after the

conclusion of each fiscal year, the Foundation shall publish an

annual report that includes a comprehensive and detailed report

of the operations, activities, financial condition, and

accomplishments of the Foundation under this subtitle during the

fiscal year.

''(2) Termination. - The obligation of the Foundation to

publish annual reports pursuant to this subsection shall

terminate after publication of the report incorporating the

findings of the final audit in accordance with procedures

required by subsection (l).

''(o) Prohibition on Commercial Harvest. - Trees planted pursuant

to a program receiving funds under this section may not be

commercially harvested and sold for Christmas trees.

''(p) Authorization of Appropriations. - There is authorized to

be appropriated $25,000,000 to be granted by the Secretary of

Agriculture to the Foundation. All funds appropriated under this

section may remain available until expended.

''SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.

''The Secretary of Agriculture is authorized to establish a rural

tree planting and forest management program as a special component

of the forest stewardship program and the stewardship incentive

program established under sections 5 and 6 of the Cooperative

Forestry Assistance Act of 1978 (16 U.S.C. 2102) (16 U.S.C. 2103a,

2103b) (as amended by subtitle A). Such program shall terminate on

December 31, 2001.

''SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.

''The Secretary of Agriculture is authorized to establish a

community tree planting and improvement program as a special

component of the urban and community forestry assistance program

established under section 9 of the Cooperative Forestry Assistance

Act of 1978 (16 U.S.C. 2105) (as amended by section 1219). Such

program shall terminate on December 31, 2001.''

TREE PLANTING INITIATIVE

Pub. L. 99-198, title XII, Sec. 1256, as added by Pub. L.

101-624, title XIV, Sec. 1441(a), Nov. 28, 1990, 104 Stat. 3601,

set forth policy relating to maintenance, afforestation, and

reforestation of forest lands and provisions relating to

implementation of policy and agreements with State forestry

agencies, prior to repeal by Pub. L. 104-127, title III, Sec.

336(e), Apr. 4, 1996, 110 Stat. 1007.

TRANSFER OF FOREST TREE NURSERY FACILITIES TO STATES

Pub. L. 87-492, June 25, 1962, 76 Stat. 107, provided: ''That the

Congress recognizes that for many years the United States and

certain States have cooperated in the production of tree planting

stock for use in the reforestation of the public and private lands

of the Nation; that the program of production of tree planting

stock which was initiated and pursued under the Soil Bank Act (7

U.S.C. 1801 et seq.) (repealed) was carried on under written

agreements which provided for (a) cooperation between the Forest

Service, on behalf of the United States, and the States which

participated in the program, (b) payments to said States for costs

and expenses incurred in the development of nursery facilities, (c)

the holding of such funds by the States in trust for the purpose of

carrying out the provisions of said agreements, and (d) restoration

to the trust fund of an amount equal to the residual value of any

supplies, materials, equipment, or improvements acquired or

constructed with trust funds and transferred to State forestry work

other than the soil bank program; that such program under said Soil

Bank Act has been discontinued, but the need for the trees

continues to be great; that the States and Federal Government are

cooperating in the procurement, production, and distribution of

forest-tree seeds and plants under section 4 of the Clarke-McNary

Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of

lands under title IV of the Agricultural Act of 1956 (16 U.S.C.

568e and 568g); and that said participating States need the said

supplies, materials, equipment, or improvements for use in

connection with their respective forestry programs, and it is in

the public interest to permit these States to use said property

without the requirement that payment be made for the residual value

thereof.

''Sec. 2. For the purpose of assisting those States which

participated in the program carried on under the Soil Bank Act

(section 1801 et seq. of Title 7, Agriculture) (repealed) in

continuing the production of needed tree planting stock and in

other forestry programs, the Secretary of Agriculture is authorized

to permit any supplies, materials, equipment, or improvements

acquired or constructed with trust funds under the agreements

referred to in section 1 to be used in such State forestry work as

may further the objectives of related Federal programs, as he may

approve, without the requirement that any payment be made by the

State into the trust funds.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2102. Rural forestry assistance

-STATUTE-

(a) Assistance to forest landowners and others

The Secretary may provide financial, technical, educational, and

related assistance to State foresters or equivalent State

officials, and State extension directors, to enable such officials

to provide technical information, advice, and related assistance to

private forest land owners and managers, vendors, forest resource

operators, forest resource professionals, public agencies, and

individuals to enable such persons to carry out activities that are

consistent with the purposes of this chapter, including -

(1) protecting, maintaining, enhancing, restoring, and

preserving forest lands and the multiple values and uses that

depend on such lands;

(2) identifying, protecting, maintaining, enhancing, and

preserving wildlife and fish species, including threatened and

endangered species, and their habitats;

(3) implementing forest management technologies;

(4) selecting, producing, and marketing alternative forest

crops, products and services from forest lands;

(5) protecting forest land from damage caused by fire, insects,

disease, and damaging weather;

(6) managing the rural-land and urban-land interface to balance

the use of forest resources in and adjacent to urban and

community areas;

(7) identifying and managing recreational forest land

resources;

(8) identifying and protecting the aesthetic character of

forest lands;

(9) protecting forest land from conversion to alternative uses;

and

(10) the management of resources of forest lands, including -

(A) the harvesting, processing, and marketing of timber and

other forest resources and the marketing and utilization of

wood and wood products;

(B) the conversion of wood to energy for domestic,

industrial, municipal, and other uses;

(C) the planning, management, and treatment of forest land,

including site preparation, reforestation, thinning, prescribed

burning, and other silvicultural activities designed to

increase the quantity and improve the quality of timber and

other forest resources;

(D) ensuring that forest regeneration or reforestation occurs

if needed to sustain long-term resource productivity;

(E) protecting and improving forest soil fertility and the

quality, quantity, and timing of water yields; and

(F) encouraging the investment of a portion of the proceeds

from the sale of timber or other forest resources in

stewardship activities that preserve, protect, maintain, and

enhance their forest land.

(b) State forestry assistance

The Secretary is authorized to provide financial, technical, and

related assistance to State foresters, or equivalent State

officials, to -

(1) develop genetically improved tree seeds;

(2) develop and contract for the development of field

arboretums, greenhouses, and tree nurseries, in cooperation with

a State, to facilitate production and distribution of tree seeds

and seedlings in States where the Secretary determines that there

is an inadequate capacity to carry out present and future

reforestation needs;

(3) procure, produce, and distribute tree seeds and trees for

the purpose of establishing forests, windbreaks, shelterbelts,

woodlots, and other plantings;

(4) plant tree seeds and seedlings on non-Federal forest lands

that are suitable for the production of timber, recreation, and

for other benefits associated with the growing of trees;

(5) plan, organize, and implement measures on non-Federal

forest lands, including thinning, prescribed burning, and other

silvicultural activities designed to increase the quantity and

improve the quality of trees and other vegetation, fish and

wildlife habitat, and water yielded therefrom; and

(6) protect or improve soil fertility on non-Federal forest

lands and the quality, quantity, and timing of water yields

therefrom.

(c) Implementation

In implementing this section, the Secretary shall cooperate with

other Federal, State, and local natural resource management

agencies, universities and the private sector.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 95-313, Sec. 3, July 1, 1978, 92 Stat. 366; Pub. L.

101-624, title XII, Sec. 1213, Nov. 28, 1990, 104 Stat. 3523.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions which set forth Congressional

findings relating to rural forestry assistance, related to

financial, technical, and related assistance to State foresters or

equivalent State officials, and authorized appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2109 of this

title.

-CITE-

16 USC Sec. 2103 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2103. Forest land enhancement program

-STATUTE-

(a) Establishment

(1) In general

The Secretary of Agriculture shall establish a forest land

enhancement program -

(A) to provide financial assistance to State foresters; and

(B) to encourage the long-term sustainability of

nonindustrial private forest lands in the United States by

assisting the owners of nonindustrial private forest lands,

through State foresters, in more actively managing the

nonindustrial private forest lands and related resources of

those owners through the use of State, Federal, and private

sector resource management expertise, financial assistance, and

educational programs.

(2) Coordination and consultation

The Secretary, acting through State foresters, shall implement

the program -

(A) in coordination with the State Forest Stewardship

Coordinating Committees; and

(B) in consultation with other Federal, State, and local

natural resource management agencies, institutions of higher

education, and a broad range of private sector interests.

(b) Program objectives

In implementing the program, the Secretary shall target resources

to achieve the following objectives:

(1) Investing in practices to establish, restore, protect,

manage, maintain, and enhance the health and productivity of the

nonindustrial private forest lands in the United States for

timber, habitat for flora and fauna, soil, water, and air

quality, wetlands, and riparian buffers.

(2) Ensuring that afforestation, reforestation, improvement of

poorly stocked stands, timber stand improvement, practices

necessary to improve seedling growth and survival, and growth

enhancement practices occur where needed to enhance and sustain

the long-term productivity of timber and nontimber forest

resources to help meet future public demand for all forest

resources and provide environmental benefits.

(3) Reducing the risks and helping restore, recover, and

mitigate the damage to forests caused by fire, insects, invasive

species, disease, and damaging weather.

(4) Increasing and enhancing carbon sequestration

opportunities.

(5) Enhancing implementation of agroforestry practices.

(6) Maintaining and enhancing the forest landbase and leverage

State and local financial and technical assistance to owners that

promote the same conservation and environmental values.

(7) Preserving the aesthetic quality of nonindustrial private

forest lands and providing opportunities for outdoor recreation.

(c) State priority plan

(1) Development

The State Forester and State Forest Stewardship Coordinating

Committee of a State shall jointly develop and submit to the

Secretary a State priority plan that is intended to promote

forest management objectives in that State.

(2) Report

Not later than September 30, 2006, each State that implemented

a State priority plan shall submit to the Secretary a report

describing the status of all activities and practices funded

under the program as of that date.

(d) Owner eligibility for assistance

(1) Eligibility criteria

To be eligible for cost-share assistance under the program, an

owner of nonindustrial private forest lands shall agree -

(A) to develop and implement, in cooperation with a State

forester, another State official, or a professional resources

manager, a management plan that -

(i) except as provided in paragraph (2) or (3), provides

for the treatment of not more than 1,000 acres of

nonindustrial private forest lands;

(ii) is approved by the State forester; and

(iii) addresses site specific activities and practices; and

(B) to implement approved activities and practices in a

manner consistent with the management plan for a period of not

less than 10 years, unless the State forester approves a

modification to the plan.

(2) Public benefit exception

The Secretary may increase the acreage limitation specified in

paragraph (1)(A)(i) to not more than 5,000 acres for an owner of

nonindustrial private forest lands if the Secretary, in

consultation with the State forester, determines that significant

public benefits will accrue as a result of the provision of

cost-share assistance under the program for the treatment of the

additional acreage.

(3) Plan development exception

An owner may receive cost-share assistance under the program

for the purpose of developing a management plan under subsection

(e) of this section that provides for the treatment of acreage in

excess of the acreage limitations specified in paragraphs

(1)(A)(i) and (2), except that the owner's eligibility for

cost-share assistance to implement approved activities and

practices under the management plan remains subject to the

acreage limitation specified in paragraph (1)(A)(i) or, if the

Secretary makes the determination described in paragraph (2), the

acreage limitation specified in that paragraph.

(e) Management plan

(1) Submission and content

An owner of nonindustrial private forest lands that seeks to

participate in the program shall submit to the State forester of

the State in which the lands are located a management plan that -

(A) identifies and describes projects and activities to be

carried out by the owner to protect or enhance soil, water,

air, range and aesthetic quality, recreation, timber, water,

wetland, or fish and wildlife resources on the lands in a

manner that is compatible with the objectives of the owner;

(B) addresses any criteria established by the State and the

applicable Committee; and

(C) meets the other requirements of this section.

(2) Lands covered

At a minimum, the management plan shall apply to those portions

of the nonindustrial private forest lands of the owner on which

any project or activity funded under the program will be carried

out. In a case in which a project or activity may affect acreage

outside the portion of the land on which the project or activity

is carried out, the management plan shall apply to all lands of

the owner that are in forest cover and may be affected by the

project or activity.

(f) Approved activities

(1) State list

The Secretary shall develop for each State a list of approved

forest activities and practices eligible for cost-share

assistance that meets the purposes of the program. The Secretary

shall develop the list for a State in consultation with the State

forester and the Committee for that State.

(2) Types of activities

Approved activities and practices under paragraph (1) may

consist of activities and practices for the following purposes:

(A) The establishment, management, maintenance, and

restoration of forests for shelterbelts, windbreaks, aesthetic

quality, and other conservation purposes.

(B) The sustainable growth and management of forests for

timber production.

(C) The restoration, use, and enhancement of forest wetland

and riparian areas.

(D) The protection of water quality and watersheds through -

(i) the planting of trees in riparian areas; and

(ii) the enhanced management and maintenance of native

vegetation on land vital to water quality.

(E) The management, maintenance, restoration, or development

of habitat for plants, fish, and wildlife.

(F) The control, detection, monitoring, and prevention of the

spread of invasive species and pests on nonindustrial private

forest lands.

(G) The restoration of nonindustrial private forest land

affected by invasive species and pests.

(H) The conduct of other management activities, such as the

reduction of hazardous fuels, that reduce the risks to forests

posed by, and that restore, recover, and mitigate the damage to

forests caused by, fire or any other catastrophic event, as

determined by the Secretary.

(I) The development of management plans;

(J) The conduct of energy conservation and carbon

sequestration activities.

(K) The conduct of other activities approved by the

Secretary, in consultation with the State forester and the

appropriate Committees.

(g) Reimbursement of eligible activities

(1) In general

In the case of an eligible owner that has an approved

management plan, the Secretary shall share the cost of

implementing the approved activities and practices that the

Secretary determines are appropriate.

(2) Rate

The Secretary shall determine the appropriate reimbursement

rate for cost-share payments under paragraph (1) and the schedule

for making those payments.

(3) Maximum cost share

The Secretary shall not make cost-share payments under this

subsection to an owner in an amount in excess of 75 percent, or a

lower percentage as determined by the State forester, of the

total cost to the owner to implement the approved activities and

practices under the management plan.

(4) Aggregate payment limit

The Secretary shall determine the maximum aggregate amount of

cost-share payments that an owner may receive under the program.

(5) Consultation

The Secretary shall make determinations under this subsection

in consultation with the State forester.

(h) Recapture

(1) In general

The Secretary shall establish and implement a mechanism to

recapture payments made to an owner in the event that the owner

fails to implement an approved activity or practice specified in

the management plan for which the owner received cost-share

payments.

(2) Additional remedy

The remedy provided in paragraph (1) is in addition to any

other remedy available to the Secretary.

(i) Distribution of cost-share funds

The Secretary, acting through the State foresters, shall

distribute funds available for cost sharing under the program only

after giving appropriate consideration to the following factors:

(1) The public benefits that would result from the

distribution.

(2) The total acreage of nonindustrial private forest lands in

each State.

(3) The potential productivity of those lands, as determined by

the Secretary.

(4) The number of owners eligible for cost sharing in each

State.

(5) The opportunities to enhance nontimber resources on those

lands, including -

(A) the protection of riparian buffers and forest wetland;

(B) the preservation of fish and wildlife habitat;

(C) the enhancement of soil, air, and water quality; and

(D) the preservation of aesthetic quality and opportunities

for outdoor recreation.

(6) The anticipated demand for timber and nontimber resources

in each State.

(7) The need to improve forest health to minimize the damaging

effects of catastrophic fire, insects, disease, or weather.

(8) The need and demand for agroforestry practices in each

State.

(9) The need to maintain and enhance the forest landbase.

(10) The need for afforestation, reforestation, and timber

stand improvement.

(j) Availability of funds

The Secretary shall use $100,000,000 of funds of the Commodity

Credit Corporation to carry out the Program during the period

beginning on May 13, 2002, and ending on September 30, 2007.

(k) Definitions

In this section:

(1) Nonindustrial private forest lands

The term ''nonindustrial private forest lands'' means rural

lands, as determined by the Secretary, that -

(A) have existing tree cover or are suitable for growing

trees; and

(B) are owned by any nonindustrial private individual, group,

association, corporation, Indian tribe, or other private legal

entity so long as the individual, group, association,

corporation, tribe, or entity has definitive decision-making

authority over the lands.

(2) Committee

The terms ''State Forest Stewardship Coordinating Committee''

and ''Committee'' means (FOOTNOTE 1) a State Forest Stewardship

Coordinating Committee established under section 2113(b) of this

title.

(FOOTNOTE 1) So in original. Probably should be ''mean''.

(3) Indian tribe

The term ''Indian tribe'' has the meaning given the term in

section 450b of title 25.

(4) Owner

The term ''owner'' means an owner of nonindustrial private

forest land.

(5) Program

The term ''program'' means the forest land enhancement program

established by this section.

(6) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(7) State forester

The term ''State forester'' means the director or other head of

a State Forestry Agency or equivalent State official.

-SOURCE-

(Pub. L. 95-313, Sec. 4, as added Pub. L. 107-171, title VIII, Sec.

8002(b), May 13, 2002, 116 Stat. 468.)

-MISC1-

PRIOR PROVISIONS

A prior section 2103, Pub. L. 95-313, Sec. 4, July 1, 1978, 92

Stat. 367; Pub. L. 101-624, title XII, Sec. 1214, 1224(1), Nov. 28,

1990, 104 Stat. 3525, 3542; Pub. L. 104-127, title III, Sec.

336(a)(2)(B), 373, Apr. 4, 1996, 110 Stat. 1005, 1015, related to

forestry incentives program, prior to repeal by Pub. L. 107-171,

title VIII, Sec. 8001(a), May 13, 2002, 116 Stat. 468.

USE OF REMAINING FUNDS

Pub. L. 107-171, title VIII, Sec. 8001(b), May 13, 2002, 116

Stat. 468, provided that: ''Notwithstanding the amendment made by

subsection (a) (repealing former sections 2103 and 2103b of this

title), the Secretary of Agriculture may use funds appropriated for

fiscal year 2002 for the forestry incentives program or the

stewardship incentive program, but not expended before the date of

enactment of this Act (May 13, 2002), to carry out sections 4 and 6

of the Cooperative Forestry Assistance Act of 1978 (former sections

2103 and 2103b of this title), as in effect on the date before the

date of enactment of this Act.''

PURPOSES OF FOREST LAND ENHANCEMENT PROGRAM

Pub. L. 107-171, title VIII, Sec. 8002(a), May 13, 2002, 116

Stat. 468, provided that: ''The purposes of this section (enacting

this section and amending section 6962 of Title 7, Agriculture) are

-

''(1) to strengthen the commitment of the Secretary of

Agriculture to sustainable forest management to enhance the

productivity of timber, fish and wildlife habitat, soil and water

quality, wetland, recreational resources, and aesthetic values of

forest land; and

''(2) to establish a coordinated and cooperative Federal,

State, and local sustainable forestry program for the

establishment, management, maintenance, enhancement, and

restoration of forests on nonindustrial private forest land.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2108 of this

title; title 7 section 6962; title 26 section 126.

-CITE-

16 USC Sec. 2103a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2103a. Forest Stewardship Program

-STATUTE-

(a) Establishment

The Secretary, in consultation with State foresters or equivalent

State officials, shall establish a Forest Stewardship Program

(hereafter referred to in this section as the ''Program'') to

encourage the long-term stewardship of nonindustrial private forest

lands by assisting owners of such lands to more actively manage

their forest and related resources by utilizing existing State,

Federal, and private sector resource management expertise and

assistance programs.

(b) Goal

The goal of the Program shall be to enter at least 25,000,000

acres of nonindustrial private forest lands in the Program by

December 31, 1995.

(c) ''Nonindustrial private forest lands'' defined

For the purposes of this section, the term ''nonindustrial

private forest lands'' means rural, as determined by the Secretary,

lands with existing tree cover, or suitable for growing trees, and

owned by any private individual, group, association, corporation,

Indian tribe, or other private legal entity.

(d) Implementation

In carrying out the Program the Secretary, in consultation with

State foresters or equivalent State officials, shall provide

financial, technical, educational, and related assistance to State

foresters or equivalent State officials, including assistance to

help such State foresters or equivalent officials to provide

financial assistance to other State and local natural resource

entities, both public and private, and land-grant universities for

the delivery of information and professional assistance to owners

of nonindustrial private forest lands. Such information and

assistance shall be directed to help such owners understand and

evaluate alternative actions they might take, including -

(1) managing and enhancing the productivity of timber, fish and

wildlife habitat, water quality, wetlands, recreational

resources, and the aesthetic value of forest lands;

(2) investing in practices to protect, maintain, and enhance

the resources identified in paragraph (1);

(3) ensuring that afforestation, reforestation, improvement of

poorly stocked stands, timber stand improvement, practices

necessary to improve seedling growth and survival, and growth

enhancement practices occur where needed to enhance and sustain

the long-term productivity of timber and nontimber forest

resources to help meet future public demand for all forest

resources and provide the environmental benefits that result; and

(4) protecting their forests from damage caused by fire,

insects, disease, and damaging weather.

(e) Eligibility

All nonindustrial private forest lands that are not in management

under Federal, State, or private sector financial and technical

assistance programs existing on November 28, 1990, are eligible for

assistance under the Program. Nonindustrial private forest lands

that are managed under such existing programs are eligible for

assistance under the Program if forest management activities are

expanded and enhanced and the landowner agrees to meet the

requirements of this chapter.

(f) Duties of owners

To enter forest land into the Program, landowners shall -

(1) prepare and submit to the State forester or equivalent

State official a forest stewardship plan that meets the

requirements of this section and that -

(A) is prepared by a professional resource manager;

(B) identifies and describes actions to be taken by the

landowner to protect soil, water, range, aesthetic quality,

recreation, timber, water, and fish and wildlife resources on

such land in a manner that is compatible with the objectives of

the landowner; and

(C) is approved by the State forester, or equivalent State

official; and

(2) agree that all activities conducted on such land shall be

consistent with the stewardship plan.

(g) Stewardship recognition

The Secretary, in consultation with State foresters or equivalent

State officials, is encouraged to develop an appropriate

recognition program for landowners who practice stewardship

management on their lands, with an appropriate, special recognition

symbol and title.

(h) Authorization of appropriations

There are hereby authorized to be appropriated $25,000,000 for

each of the fiscal years 1991 through 1995, and such sums as may be

necessary thereafter, to carry out this section.

-SOURCE-

(Pub. L. 95-313, Sec. 5, as added Pub. L. 101-624, title XII, Sec.

1215(2), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 102-237,

title X, Sec. 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.)

-MISC1-

PRIOR PROVISIONS

A prior section 5 of Pub. L. 95-313 was renumbered section 8 and

is classified to section 2104 of this title.

AMENDMENTS

1991 - Subsec. (d). Pub. L. 102-237 substituted ''State

foresters'' for ''State Foresters'' wherever appearing in

introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 3835a of this

title.

-CITE-

16 USC Sec. 2103b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2103b. Repealed. Pub. L. 107-171, title VIII, Sec. 8001(a),

May 13, 2002, 116 Stat. 468

-MISC1-

Section, Pub. L. 95-313, Sec. 6, as added Pub. L. 101-624, title

XII, Sec. 1216, Nov. 28, 1990, 104 Stat. 3526, related to

Stewardship Incentive Program.

PRIOR PROVISIONS

A prior section 6 of Pub. L. 95-313 was renumbered section 9 and

is classified to section 2105 of this title.

-CITE-

16 USC Sec. 2103c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2103c. Forest Legacy Program

-STATUTE-

(a) Establishment and purpose

The Secretary shall establish a program, to be known as the

Forest Legacy Program, in cooperation with appropriate State,

regional, and other units of government for the purposes of

ascertaining and protecting environmentally important forest areas

that are threatened by conversion to nonforest uses and, through

the use of conservation easements and other mechanisms, for

promoting forest land protection and other conservation

opportunities. Such purposes shall also include the protection of

important scenic, cultural, fish, wildlife, and recreational

resources, riparian areas, and other ecological values.

(b) State and regional forest legacy programs

The Secretary shall exercise the authority under subsection (a)

of this section in conjunction with State or regional programs that

the Secretary deems consistent with this section.

(c) Interests in land

In addition to the authorities granted under section 515 of this

title and section 428a(a) of title 7, the Secretary may acquire

from willing landowners lands and interests therein, including

conservation easements and rights of public access, for Forest

Legacy Program purposes. The Secretary shall not acquire

conservation easements with title held in common ownership with any

other entity.

(d) Implementation

(1) In general

Lands and interests therein acquired under subsection (c) of

this section may be held in perpetuity for program and easement

administration purposes as the Secretary may provide. In

administering lands and interests therein under the program, the

Secretary shall identify the environmental values to be protected

by entry of the lands into the program, management activities

which are planned and the manner in which they may affect the

values identified, and obtain from the landowner other

information determined appropriate for administration and

management purposes.

(2) Initial programs

Not later than November 28, 1991, the Secretary shall establish

a regional program in furtherance of the Northern Forest Lands

Study in the States of New York, New Hampshire, Vermont, and

Maine under Public Law 100-446. The Secretary shall establish

additional programs in each of the Northeast, Midwest, South, and

Western regions of the United States, and the Pacific Northwest

(including the State of Washington), on the preparation of an

assessment of the need for such programs.

(e) Eligibility

Not later than November 28, 1991, and in consultation with State

Forest Stewardship Coordinating Committees established under

section 2113(b) of this title and similar regional organizations,

the Secretary shall establish eligibility criteria for the

designation of forest areas from which lands may be entered into

the Forest Legacy Program and subsequently select such appropriate

areas. To be eligible, such areas shall have significant

environmental values or shall be threatened by present or future

conversion to nonforest uses. Of land proposed to be included in

the Forest Legacy Program, the Secretary shall give priority to

lands which can be effectively protected and managed, and which

have important scenic or recreational values; riparian areas; fish

and wildlife values, including threatened and endangered species;

or other ecological values.

(f) Application

For areas included in the Forest Legacy Program, an owner of

lands or interests in lands who wishes to participate may prepare

and submit an application at such time in such form and containing

such information as the Secretary may prescribe. The Secretary

shall give reasonable advance notice for the submission of all

applications to the State forester, equivalent State official, or

other appropriate State or regional natural resource management

agency. If applications exceed the ability of the Secretary to

fund them, priority shall be given to those forest areas having the

greatest need for protection pursuant to the criteria described in

subsection (e) of this section.

(g) State consent

Where a State has not approved the acquisition of land under

section 515 of this title, the Secretary shall not acquire lands or

interests therein under authority granted by this section outside

an area of that State designated as a part of a program established

under subsection (b) of this section.

(h) Forest management activities

(1) In general

Conservation easements or deed reservations acquired or

reserved pursuant to this section may allow forest management

activities, including timber management, on areas entered in the

Forest Legacy Program insofar as the Secretary deems such

activities consistent with the purposes of this section.

(2) Assignment of responsibilities

For Forest Legacy Program areas, the Secretary may delegate or

assign management and enforcement responsibilities over federally

owned lands and interests in lands only to another governmental

entity.

(i) Duties of owners

Under the terms of a conservation easement or other property

interest acquired under subsection (b) (FOOTNOTE 1) of this

section, the landowner shall be required to manage property in a

manner that is consistent with the purposes for which the land was

entered in the Forest Legacy Program and shall not convert such

property to other uses. Hunting, fishing, hiking, and similar

recreational uses shall not be considered inconsistent with the

purposes of this program.

(FOOTNOTE 1) So in original. Probably should be subsection

''(c)''.

(j) Compensation and cost sharing

(1) Compensation

The Secretary shall pay the fair market value of any property

interest acquired under this section. Payments under this

section shall be in accordance with Federal appraisal and

acquisition standards and procedures.

(2) Cost sharing

In accordance with terms and conditions that the Secretary

shall prescribe, costs for the acquisition of lands or interests

therein or project costs shall be shared among participating

entities including regional organizations, State and other

governmental units, landowners, corporations, or private

organizations. Such costs may include, but are not limited to,

those associated with planning, administration, property

acquisition, and property management. To the extent practicable,

the Federal share of total program costs shall not exceed 75

percent, including any in-kind contribution.

(k) Easements

(1) Reserved interest deeds

As used in this section, the term ''conservation easement''

includes an easement utilizing a reserved interest deed where the

grantee acquires all rights, title, and interests in a property,

except those rights, title, and interests that may run with the

land that are expressly reserved by a grantor.

(2) Prohibitions on limitations

Notwithstanding any provision of State law, no conservation

easement held by the United States or its successors or assigns

under this section shall be limited in duration or scope or be

defeasible by -

(A) the conservation easement being in gross or appurtenant;

(B) the management of the conservation easement having been

delegated or assigned to a non-Federal entity;

(C) any requirement under State law for re-recordation or

renewal of the easement; or

(D) any future disestablishment of a Forest Legacy Program

area or other Federal project for which the conservation

easement was originally acquired.

(3) Construction

Notwithstanding any provision of State law, conservation

easements shall be construed to effect the Federal purposes for

which they were acquired and, in interpreting their terms, there

shall be no presumption favoring the conservation easement holder

or fee owner.

(l) Optional State grants

(1) In general

The Secretary shall, at the request of a participating State,

provide a grant to the State to carry out the Forest Legacy

Program in the State.

(2) Administration

If a State elects to receive a grant under this subsection -

(A) the Secretary shall use a portion of the funds made

available under subsection (m) of this section, as determined

by the Secretary, to provide a grant to the State; and

(B) the State shall use the grant to carry out the Forest

Legacy Program in the State, including the acquisition by the

State of lands and interests in lands.

(m) Appropriation

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 95-313, Sec. 7, as added Pub. L. 101-624, title XII, Sec.

1217, Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102-237, title

X, Sec. 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104-127,

title III, Sec. 374, Apr. 4, 1996, 110 Stat. 1015.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 100-446, referred to in subsec. (d)(2), is Pub. L.

100-446, Sept. 27, 1988, 102 Stat. 1774. Provisions of the Act

relating to functions of the Secretary of Agriculture in connection

with forest lands are not classified to the Code. For complete

classification of this Act to the Code, see Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7 of Pub. L. 95-313 was renumbered section 10 and

is classified to section 2106 of this title.

AMENDMENTS

1996 - Subsecs. (l), (m). Pub. L. 104-127 added subsec. (l) and

redesignated former subsec. (l) as (m).

1991 - Subsec. (d)(2). Pub. L. 102-237, Sec. 1018(a)(2)(A),

substituted ''November 28, 1991'' for ''1 year after November 28,

1990''.

Subsec. (e). Pub. L. 102-237, Sec. 1018(a)(2)(B), substituted

''Not later than November 28, 1991, and in consultation with State

Forest Stewardship Coordinating Committees established under

section 2113(b)'' for ''Within 1 year from November 28, 1990, and

in consultation with State Forest Stewardship Advisory Committees

established under section 15(b)''.

Subsec. (f). Pub. L. 102-237, Sec. 1018(a)(2)(C), substituted

''subsection (e)'' for ''subsection (d)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2113 of this

title.

-CITE-

16 USC Sec. 2104 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2104. Forest health protection

-STATUTE-

(a) In general

The Secretary may protect trees and forests and wood products,

stored wood, and wood in use directly on the National Forest System

and, in cooperation with others, on other lands in the United

States, from natural and man-made causes, to -

(1) enhance the growth and maintenance of trees and forests;

(2) promote the stability of forest-related industries and

employment associated therewith through the protection of forest

resources;

(3) aid in forest fire prevention and control;

(4) conserve forest cover on watersheds, shelterbelts, and

windbreaks;

(5) protect outdoor recreation opportunities and other forest

resources; and

(6) extend timber supplies by protecting wood products, stored

wood, and wood in use.

(b) Activities

Subject to subsections (c), (d), and (e) of this section and to

such other conditions the Secretary may prescribe, the Secretary

may, directly on the National Forest System, in cooperation with

other Federal departments on other Federal lands, and in

cooperation with State foresters, or equivalent State officials,

subdivisions of States, agencies, institutions, organizations, or

individuals on non-Federal lands -

(1) conduct surveys to detect and appraise insect infestations

and disease conditions and man-made stresses affecting trees and

establish a monitoring system throughout the forests of the

United States to determine detrimental changes or improvements

that occur over time, and report annually concerning such surveys

and monitoring;

(2) determine the biological, chemical, and mechanical measures

necessary to prevent, retard, control, or suppress incipient,

potential, threatening, or emergency insect infestations and

disease conditions affecting trees;

(3) plan, organize, direct, and perform measures the Secretary

determines necessary to prevent, retard, control, or suppress

incipient, potential, threatening, or emergency insect

infestations and disease epidemics affecting trees;

(4) provide technical information, advice, and related

assistance on the various techniques available to maintain a

healthy forest and in managing and coordinating the use of

pesticides and other toxic substances applied to trees and other

vegetation, and to wood products, stored wood, and wood in use;

(5) develop applied technology and conduct pilot tests of

research results prior to the full-scale application of such

technology in affected forests;

(6) promote the implementation of appropriate silvicultural or

management techniques that may improve or protect the health of

the forests of the United States; and

(7) take any other actions the Secretary determines necessary

to accomplish the objectives and purposes of this section.

(c) Consent of entity

Operations under this section to prevent, retard, control, or

suppress insects or diseases affecting forests and trees on land

not controlled or administered by the Secretary shall not be

conducted without the consent, cooperation, and participation of

the entity having ownership of or jurisdiction over the affected

land.

(d) Contribution by entity

No money appropriated to implement this section shall be expended

to prevent, retard, control, or suppress insects or diseases

affecting trees on non-Federal land until the entity having

ownership of or jurisdiction over the affected land contributes, or

agrees to contribute, to the work to be done in the amount and in

the manner determined appropriate by the Secretary.

(e) Allotments to other agencies

The Secretary may, in the Secretary's discretion, and out of any

money appropriated to implement this section, make allocations to

Federal agencies having jurisdiction over lands held or owned by

the United States in the amounts the Secretary determines necessary

to prevent, retard, control, or suppress insect infestations and

disease epidemics affecting trees on those lands.

(f) Limitation on use of appropriations

(1) Removing dead trees

No amounts appropriated shall be used to -

(A) pay the cost of felling and removing dead or dying trees

unless the Secretary determines that such actions are necessary

to prevent the spread of a major insect infestation or disease

epidemic severely affecting trees; or

(B) compensate for the value of any property injured,

damaged, or destroyed by any cause.

(2) Insects and diseases affecting trees

The Secretary may procure materials and equipment necessary to

prevent, retard, control, or suppress insects and diseases

affecting trees without regard to section 5 of title 41, under

whatever procedures the Secretary may prescribe, if the Secretary

determines that such action is necessary and in the public

interest.

(g) Partnerships

The Secretary, by contract or cooperative agreement, may provide

financial assistance through the Forest Service to State foresters

or equivalent State officials, and private forestry and other

organizations, to monitor forest health and protect the forest

lands of the United States. The Secretary shall require

contribution by the non-Federal entity in the amount and in the

manner determined appropriate. Such non-Federal share may be in

the form of cash, services, or equipment, as determined appropriate

by the Secretary.

(h) Authorization of appropriations

There are authorized to be appropriated annually such sums as may

be necessary to carry out subsections (a) through (g) of this

section.

(i) Integrated pest management

(1) In general

Subject to the provisions of subsections (c) and (e) of this

section, the Secretary shall, in cooperation with State foresters

or equivalent State officials, subdivisions of States, or other

entities on non-Federal lands (hereafter in this subsection

referred to as the ''cooperator'') -

(A) provide cost-share assistance to such cooperators who

have established an acceptable integrated pest management

strategy, as determined by the Secretary, that will prevent,

retard, control, or suppress gypsy moth, southern pine beetle,

spruce budworm infestations, or other major insect infestations

in an amount no less than 50 percent nor greater than 75

percent of the cost of implementing such strategy; and

(B) upon request, assist the cooperator in the development of

such integrated pest management strategy.

(2) Authorization of appropriations

There are hereby authorized to be appropriated annually

$10,000,000 to implement this subsection.

-SOURCE-

(Pub. L. 95-313, Sec. 8, formerly Sec. 5, July 1, 1978, 92 Stat.

368; renumbered Sec. 8 and amended Pub. L. 101-624, title XII, Sec.

1215(1), 1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)

-MISC1-

PRIOR PROVISIONS

A prior section 8 of Pub. L. 95-313 was renumbered section 11 and

is classified to section 2107 of this title.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to insect and disease

control on Federal and non-Federal forest lands, additional

protective functions and responsibilities concerning such lands,

consent, cooperation, and participation of, and contribution by,

entity having jurisdiction over such lands, allocations to Federal

agencies having jurisdiction over such lands, availability and

limitations on use of appropriated amounts, and authorization of

appropriations.

STEWARDSHIP END RESULT CONTRACTING DEMONSTRATION PROJECT

Pub. L. 107-63, title III, Sec. 332, Nov. 5, 2001, 115 Stat. 471,

provided in part that: ''The authority to enter into stewardship

and end result contracts provided to the Forest Service in

accordance with section 347 of title III of section 101(e) of

division A of Public Law 105-277 (set out as a note below) is

hereby expanded to authorize the Forest Service to enter into an

additional 28 contracts subject to the same terms and conditions as

provided in that section: Provided, That of the additional

contracts authorized by this section at least 9 shall be allocated

to Region 1 and at least 3 to Region 6.''

Similar provisions were contained in Pub. L. 106-291, title III,

Sec. 338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L.

107-20, title II, Sec. 2604, July 24, 2001, 115 Stat. 178.

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 347), Oct.

21, 1998, 112 Stat. 2681-231, 2681-298, as amended by Pub. L.

106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 341), Nov. 29,

1999, 113 Stat. 1535, 1501A-201; Pub. L. 107-63, title III, Sec.

332, Nov. 5, 2001, 115 Stat. 471, provided that:

''(a) In General. - Until September 30, 2004, the Forest Service,

via agreement or contract as appropriate, may enter into no more

than twenty-eight (28) stewardship contracting demonstration pilot

projects with private persons or other public or private entities,

of which Region One of the Forest Service shall have the authority

to enter into nine (9) such contracts, to perform services to

achieve land management goals for the national forests that meet

local and rural community needs.

''(b) Land Management Goals. - The land management goals of a

project under subsection (a) may include, among other things -

''(1) road and trail maintenance or obliteration to restore or

maintain water quality;

''(2) soil productivity, habitat for wildlife and fisheries, or

other resource values;

''(3) setting of prescribed fires to improve the composition,

structure, condition, and health of stands or to improve wildlife

habitat;

''(4) noncommercial cutting or removing of trees or other

activities to promote healthy forest stands, reduce fire hazards,

or achieve other non-commercial objectives;

''(5) watershed restoration and maintenance;

''(6) restoration and maintenance of wildlife and fish habitat;

and

''(7) control of noxious and exotic weeds and reestablishing

native plant species.

''(c) Agreements or Contracts. -

''(1) Procurement procedure. - A source for performance of an

agreement or contract under subsection (a) shall be selected on a

best-value basis, including consideration of source under other

public and private agreements or contracts.

''(2) Term. - A multiyear contract may be entered into under

subsection (a) in accordance with section 304B of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C.

254c), except that the period of the contract may exceed 5 years

but may not exceed 10 years.

''(3) Offsets. -

''(A) In general. - In connection with agreement or contracts

under subsection (a), the Forest Service may apply the value of

timber or other forest products removed as an offset against

the cost of services received.

''(B) Methods of appraisal. - The value of timber or other

forest products used as offsets under subparagraph (A) -

''(i) shall be determined using appropriate methods of

appraisal commensurate with the quantity of products to be

removed;

''(ii) may be determined using a unit of measure

appropriate to the agreement or contracts; and

''(iii) may include valuing products on a per-acre basis.

''(4) Relation to other laws. - The Forest Service may enter

into agreement or contracts under subsection (a), notwithstanding

subsections (d) and (g) of section 14 of the National Forest

Management Act of 1976 (16 U.S.C. 472a).

''(d) Receipts. -

''(1) In general. - The Forest Service may collect monies from

an agreement or contract under subsection (a) so long as such

collection is a secondary objective of negotiating contracts that

will best achieve the purposes of this section.

''(2) Use. - Monies from an agreement or contract under

subsection (a) may be retained by the Forest Service and shall be

available for expenditure without further appropriation at the

demonstration project site from which the monies are collected or

at another demonstration project site.

''(3) Relation to other laws. - The value of services received

by the Secretary under a stewardship contract project conducted

under this section, and any payments made or resources provided

by the contractor or the Secretary under such a project, shall

not be considered to be monies received from the National Forest

System under any provision of law. The Act of June 9, 1930 (16

U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg

Act), shall not apply to stewardship contracts entered into under

this section.

''(e) Costs of Removal. - The Forest Service may collect deposits

from contractors covering the costs of removal of timber or other

forest products pursuant to the Act of August 11, 1916 (39 Stat.

462, chapter 313; 16 U.S.C. 490); and the next to the last

paragraph under the heading 'Forest Service.' under the heading

'Department of Agriculture' in the Act of June 30, 1914 (38 Stat.

430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that the

timber purchasers did not harvest the timber.

''(f) Performance and Payment Guarantees. -

''(1) In general. - The Forest Service may require performance

and payment bonds, in accordance with sections 103-2 and 103-2 of

part 28 of the Federal Acquisition Regulation (48 C.F.R.

28.103-2, 28.103-3), in an amount that the contracting officer

considers sufficient to protect the Government's investment in

receipts generated by the contractor from the estimated value of

the forest products to be removed under contract under subsection

(a).

''(2) Excess offset value. - If the offset value of the forest

products exceeds the value of the resource improvement

treatments, the Forest Service may -

''(A) collect any residual receipts pursuant to the Act of

June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 576b); and

''(B) apply the excess to other authorized stewardship

demonstration projects.

''(g) Monitoring, Evaluation and Reporting. - The Forest Service

shall establish a multiparty monitoring and evaluation process that

accesses each individual stewardship pilot project conducted under

this section. Besides the Forest Service, participants in this

process may include any cooperating governmental agencies,

including tribal governments, and any interested groups or

individuals. The Forest Service shall report annually to the

Committee on Appropriations of the House of Representatives and the

Committee on Appropriations of the Senate on -

''(1) the status of development, execution, and administration

of agreements or contracts under subsection (a);

''(2) the specific accomplishments that have resulted; and

''(3) the role of local communities in development of

agreements or contract plans.''

HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY

Pub. L. 105-277, div. A, Sec. 101(e) (title IV), Oct. 21, 1998,

112 Stat. 2681-231, 2681-305, as amended by Pub. L. 107-171, title

VI, Sec. 6201(d)(5), May 13, 2002, 116 Stat. 419, provided that:

''Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe National

Forests to Implement Quincy Library Group Proposal. (a) Definition.

- For purposes of this section, the term 'Quincy Library

Group-Community Stability Proposal' means the agreement by a

coalition of representatives of fisheries, timber, environmental,

county government, citizen groups, and local communities that

formed in northern California to develop a resource management

program that promotes ecologic and economic health for certain

Federal lands and communities in the Sierra Nevada area. Such

proposal includes the map entitled 'QUINCY LIBRARY GROUP Community

Stability Proposal', dated October 12, 1993, and prepared by VESTRA

Resources of Redding, California.

''(b) Pilot Project Required. -

''(1) Pilot project and purpose. - The Secretary of Agriculture

(in this section referred to as the 'Secretary'), acting through

the Forest Service and after completion of an environmental

impact statement (a record of decision for which shall be adopted

within 300 days), shall conduct a pilot project on the Federal

lands described in paragraph (2) to implement and demonstrate the

effectiveness of the resource management activities described in

subsection (d) and the other requirements of this section, as

recommended in the Quincy Library Group-Community Stability

Proposal.

''(2) Pilot project area. - The Secretary shall conduct the

pilot project on the Federal lands within Plumas National Forest,

Lassen National Forest, and the Sierraville Ranger District of

Tahoe National Forest in the State of California designated as

'Available for Group Selection' on the map entitled 'QUINCY

LIBRARY GROUP Community Stability Proposal', dated October 12,

1993 (in this section referred to as the 'pilot project area').

Such map shall be on file and available for inspection in the

appropriate offices of the Forest Service.

''(c) Exclusion of Certain Lands, Riparian Protection and

Compliance. -

''(1) Exclusion. - All spotted owl habitat areas and protected

activity centers located within the pilot project area designated

under subsection (b)(2) will be deferred from resource management

activities required under subsection (d) and timber harvesting

during the term of the pilot project.

''(2) Riparian protection. -

''(A) In general. - The Scientific Analysis Team guidelines

for riparian system protection described in subparagraph (B)

shall apply to all resource management activities conducted

under subsection (d) and all timber harvesting activities that

occur in the pilot project area during the term of the pilot

project.

''(B) Guidelines described. - The guidelines referred to in

subparagraph (A) are those in the document entitled 'Viability

Assessments and Management Considerations for Species

Associated with Late-Successional and Old-Growth Forests of the

Pacific Northwest', a Forest Service research document dated

March 1993 and co-authored by the Scientific Analysis Team,

including Dr. Jack Ward Thomas.

''(C) Limitation. - Nothing in this section shall be

construed to require the application of the Scientific Analysis

Team guidelines to any livestock grazing in the pilot project

area during the term of the pilot project, unless the livestock

grazing is being conducted in the specific location at which

the Scientific Analysis Team guidelines are being applied to an

activity under subsection (d).

''(3) Compliance. - All resource management activities required

by subsection (d) shall be implemented to the extent consistent

with applicable Federal law and the standards and guidelines for

the conservation of the California spotted owl as set forth in

the California Spotted Owl Sierran Provence Interim Guidelines or

the subsequently issued guidelines, whichever are in effect.

''(4) Roadless area protection. - The Regional Forester for

Region 5 shall direct that any resource management activity

required by subsection (d)(1) and (2), all road building, all

timber harvesting activities, and any riparian management under

subsection (d)(4) that utilizes road construction or timber

harvesting shall not be conducted on Federal lands within the

Plumas National Forest, Lassen National Forest, and the

Sierraville Ranger District of the Tahoe National Forest that are

designated as either 'Off Base' or 'Deferred' on the map referred

to in subsection (a). Such direction shall be effective during

the term of the pilot project.

''(d) Resource Management Activities. - During the term of the

pilot project, the Secretary shall implement and carry out the

following resource management activities on an acreage basis on the

Federal lands included within the pilot project area designated

under subsection (b)(2):

''(1) Fuelbreak construction. - Construction of a strategic

system of defensible fuel profile zones, including shaded

fuelbreaks, utilizing thinning, individual tree selection, and

other methods of vegetation management consistent with the Quincy

Library Group-Community Stability Proposal, on not less than

40,000, but not more than 60,000, acres per year.

''(2) Group selection and individual tree selection. -

Utilization of group selection and individual tree selection

uneven-aged forest management prescriptions described in the

Quincy Library Group-Community Stability Proposal to achieve a

desired future condition of all-age, multistory, fire resilient

forests as follows:

''(A) Group selection. - Group selection on an average

acreage of .57 percent of the pilot project area land each year

of the pilot project.

''(B) Individual tree selection. - Individual tree selection

may also be utilized within the pilot project area.

''(3) Total acreage. - The total acreage on which resource

management activities are implemented under this subsection shall

not exceed 70,000 acres each year.

''(4) Riparian management. - A program of riparian management,

including wide protection zones and riparian restoration

projects, consistent with riparian protection guidelines in

subsection (c)(2)(B).

''(e) Cost-Effectiveness. - In conducting the pilot project,

Secretary shall use the most cost-effective means available, as

determined by the Secretary, to implement resource management

activities described in subsection (d).

''(f) Funding. -

''(1) Source of funds. - In conducting the pilot project, the

Secretary shall use, subject to the relevant reprogramming

guidelines of the House and Senate Committees on Appropriations -

''(A) those funds specifically provided to the Forest Service

by the Secretary to implement resource management activities

according to the Quincy Library Group-Community Stability

Proposal; and

''(B) year-end excess funds that are allocated for the

administration and management of Plumas National Forest, Lassen

National Forest, and the Sierraville Ranger District of Tahoe

National Forest.

''(2) Prohibition on use of certain funds. - The Secretary may

not conduct the pilot project using funds appropriated for any

other unit of the National Forest System.

''(3) Flexibility. - Subject to normal reprogramming

guidelines, during the term of the pilot project, the forest

supervisors of Plumas National Forest, Lassen National Forest,

and Tahoe National Forest may allocate and use all accounts that

contain year-end excess funds and all available excess funds for

the administration and management of Plumas National Forest,

Lassen National Forest, and the Sierraville Ranger District of

Tahoe National Forest to perform the resource management

activities described in subsection (d).

''(4) Restriction. - The Secretary or the forest supervisors,

as the case may be, shall not utilize authority provided under

paragraphs (1)(B) and (3) if, in their judgment, doing so will

limit other nontimber related multiple use activities for which

such funds were available.

''(5) Overhead. - The Secretary shall seek to ensure that of

amounts available to carry out this section -

''(A) not more than 12 percent is used or allocated for

general administration or other overhead; and

''(B) at least 88 percent is used to implement and carry out

activities required by this section.

''(6) Authorized supplemental funds. - There are authorized to

be appropriated to implement and carry out the pilot project such

sums as are necessary.

''(7) Baseline funds. - Amounts available for resource

management activities authorized under subsection (d) shall at a

minimum include existing baseline funding levels.

''(g) Term of Pilot Project. - The Secretary shall conduct the

pilot project until the earlier of: (1) the date on which the

Secretary completes amendment or revision of the land and resource

management plans directed under and in compliance with subsection

(i) for the Plumas National Forest, Lassen National Forest, and

Tahoe National Forest; or (2) five years after the date of the

commencement of the pilot project.

''(h) Consultation. - (1) The statement required by subsection

(b)(1) shall be prepared in consultation with interested members of

the public, including the Quincy Library Group.

''(2) Contracting. - The Forest Service, subject to the

availability of appropriations, may carry out any (or all) of the

requirements of this section using private contracts.

''(i) Corresponding Forest Plan Amendments. - Within 2 years

after the date of the enactment of this Act (Oct. 21, 1998), the

Regional Forester for Region 5 shall initiate the process to amend

or revise the land and resource management plans for Plumas

National Forest, Lassen National Forest, and Tahoe National Forest.

The process shall include preparation of at least one alternative

that -

''(1) incorporates the pilot project and area designations made

by subsection (b), the resource management activities described

in subsection (d), and other aspects of the Quincy Library

Group-Community Stability Proposal; and

''(2) makes other changes warranted by the analyses conducted

in compliance with section 102(2) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest

and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.

1604), and other applicable laws.

''(j) Status Reports. -

''(1) In general. - Not later than February 28 of each year

during the term of the pilot project, the Secretary shall submit

to Congress a report on the status of the pilot project. The

report shall include at least the following:

''(A) A complete accounting of the use of funds made

available under subsection (f)(1)(A) until such funds are fully

expended.

''(B) A complete accounting of the use of funds and accounts

made available under subsection (f)(1) for the previous fiscal

year, including a schedule of the amounts drawn from each

account used to perform resource management activities

described in subsection (d).

''(C) A description of total acres treated for each of the

resource management activities required under subsection (d),

forest health improvements, fire risk reductions, water yield

increases, and other natural resources-related benefits

achieved by the implementation of the resource management

activities described in subsection (d).

''(D) A description of the economic benefits to local

communities achieved by the implementation of the pilot

project.

''(E) A comparison of the revenues generated by, and costs

incurred in, the implementation of the resource management

activities described in subsection (d) on the Federal lands

included in the pilot project area with the revenues and costs

during each of the fiscal years 1992 through 1997 for timber

management of such lands before their inclusion in the pilot

project.

''(F) A proposed schedule for the resource management

activities to be undertaken in the pilot project area during

the 1-year period beginning on the date of submittal of the

report.

''(G) A description of any adverse environmental impacts from

the pilot project.

''(2) Limitation on expenditures. - The amount of Federal funds

expended on each annual report under this subsection shall not

exceed $125,000.

''(k) Final Report. -

''(1) In general. - The Secretary shall establish an

independent scientific panel to review and report on whether, and

to what extent, implementation of the pilot project under this

section achieved the goals stated in the Quincy Library

Group-Community Stability Proposal, including improved ecological

health and community stability. The membership of the panel

shall reflect expertise in diverse disciplines in order to

adequately address all of those goals.

''(2) Preparation. - The panel shall initiate such review no

sooner than 18 months after the first day of the term of the

pilot project under subsection (g). The panel shall prepare the

report in consultation with interested members of the public,

including the Quincy Library Group. The report shall include, but

not be limited to, the following:

''(A) A description of any adverse environmental impacts

resulting from implementation of the pilot project.

''(B) An assessment of watershed monitoring data on lands

treated pursuant to this section. Such assessment shall

address the following issues on a priority basis: timing of

water releases; water quality changes; and water yield changes

over the short- and long-term in the pilot project area.

''(3) Submission to the congress. - The panel shall submit the

final report to the Congress as soon as practicable, but in no

case later than 18 months after completion of the pilot project.

''(4) Limitation on expenditures. - The amount of Federal funds

expended for the report under this subsection, other than for

watershed monitoring, shall not exceed $350,000. The amount of

Federal funds expended for watershed monitoring under this

subsection shall not exceed $175,000 for each fiscal year in

which the report is prepared.

''(l) Relationship to Other Laws. - Nothing in this section

exempts the pilot project from any Federal environmental law.

''Sec. 402. Short Title. Section 401 of this title may be cited

as the 'Herger-Feinstein Quincy Library Group Forest Recovery

Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2109 of this

title.

-CITE-

16 USC Sec. 2105 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2105. Urban and community forestry assistance

-STATUTE-

(a) Findings

The Congress finds that -

(1) the health of forests in urban areas and communities,

including cities, their suburbs, and towns, in the United States

is on the decline;

(2) forest lands, shade trees, and open spaces in urban areas

and communities improve the quality of life for residents;

(3) forest lands and associated natural resources enhance the

economic value of residential and commercial property in urban

and community settings;

(4) urban trees are 15 times more effective than forest trees

at reducing the buildup of carbon dioxide and aid in promoting

energy conservation through mitigation of the heat island effect

in urban areas;

(5) tree plantings and ground covers such as low growing dense

perennial turfgrass sod in urban areas and communities can aid in

reducing carbon dioxide emissions, mitigating the heat island

effect, and reducing energy consumption, thus contributing to

efforts to reduce global warming trends;

(6) efforts to encourage tree plantings and protect existing

open spaces in urban areas and communities can contribute to the

social well-being and promote a sense of community in these

areas; and

(7) strengthened research, education, technical assistance, and

public information and participation in tree planting and

maintenance programs for trees and complementary ground covers

for urban and community forests are needed to provide for the

protection and expansion of tree cover and open space in urban

areas and communities.

(b) Purposes

The purposes of this section are to -

(1) improve understanding of the benefits of preserving

existing tree cover in urban areas and communities;

(2) encourage owners of private residences and commercial

properties to maintain trees and expand forest cover on their

properties;

(3) provide education programs and technical assistance to

State and local organizations (including community associations

and schools) in maintaining forested lands and individual trees

in urban and community settings and identifying appropriate tree

species and sites for expanding forest cover;

(4) provide assistance through competitive matching grants

awarded to local units of government, approved organizations that

meet the requirements of section 501(c)(3) of title 26, or other

local community tree volunteer groups, for urban and community

forestry projects;

(5) implement a tree planting program to complement urban and

community tree maintenance and open space programs and to reduce

carbon dioxide emissions, conserve energy, and improve air

quality in addition to providing other environmental benefits;

(6) promote the establishment of demonstration projects in

selected urban and community settings to illustrate the benefits

of maintaining and creating forest cover and trees;

(7) enhance the technical skills and understanding of sound

tree maintenance and arboricultural practices including practices

involving the cultivation of trees, shrubs and complementary

ground covers, of individuals involved in the planning,

development, and maintenance of urban and community forests and

trees; and

(8) expand existing research and educational efforts intended

to improve understanding of -

(A) tree growth and maintenance, tree physiology and

morphology, species adaptations, and forest ecology,

(B) the value of integrating trees and ground covers,

(C) the economic, environmental, social, and psychological

benefits of trees and forest cover in urban and community

environments, and

(D) the role of urban trees in conserving energy and

mitigating the urban heat island.

(c) General authority

The Secretary is authorized to provide financial, technical, and

related assistance to State foresters or equivalent State officials

for the purpose of encouraging States to provide information and

technical assistance to units of local government and others that

will encourage cooperative efforts to plan urban forestry programs

and to plant, protect, and maintain, and utilize wood from, trees

in open spaces, greenbelts, roadside screens, parks, woodlands,

curb areas, and residential developments in urban areas. In

providing such assistance, the Secretary is authorized to cooperate

with interested members of the public, including nonprofit private

organizations. The Secretary is also authorized to cooperate

directly with units of local government and others in implementing

this section whenever the Secretary and the affected State forester

or equivalent State official agree that direct cooperation would

better achieve the purposes of this section.

(d) Program of education and technical assistance

The Secretary, in cooperation with State foresters and State

extension directors or equivalent State officials and interested

members of the public, including nonprofit private organizations,

shall implement a program of education and technical assistance for

urban and community forest resources. The program shall be

designed to -

(1) assist urban areas and communities in conducting

inventories of their forest resources, including inventories of

the species, number, location, and health of trees in urban areas

and communities, identifying opportunities for the establishment

of plantings for the purposes of conserving energy, and

determining the status of related resources (including fish and

wildlife habitat, water resources, and trails);

(2) assist State and local organizations (including community

associations and schools) in organizing and conducting urban and

community forestry projects and programs;

(3) improve education and technical support in -

(A) selecting tree species appropriate for planting in urban

and community environments and for promotion of energy

conservation;

(B) providing for proper tree planting, maintenance, and

protection in urban areas and communities;

(C) protecting individual trees and preserving existing open

spaces with or without tree cover; and

(D) identifying opportunities for expanding tree cover in

urban areas and communities;

(4) assist in the development of State and local management

plans for trees and associated resources in urban areas and

communities; and

(5) increase public understanding of the energy conservation,

economic, social, environmental, and psychological values of

trees and open space in urban and community environments and

expand knowledge of the ecological relationships and benefits of

trees and related resources in these environments.

(e) Procurement of plant materials

The Secretary, in cooperation with State foresters or equivalent

State officials, shall assist in identifying sources of plant

materials and may procure or otherwise obtain such plant materials

from public or private sources and may make such plant materials

available to urban areas and communities for the purpose of

reforesting open spaces, replacing dead and dying urban trees,

promoting energy conservation, and providing other environmental

benefits through expanding tree cover in urban areas and

communities.

(f) Challenge cost-share program

(1) In general

The Secretary shall establish an urban and community forestry

challenge cost-share program. Funds or other support shall be

provided under such program to eligible communities and

organizations, on a competitive basis, for urban and community

forestry projects. The Secretary shall annually make awards

under the program in accordance with criteria developed in

consultation with, and after consideration of recommendations

received from, the National Urban and Community Forestry Advisory

Council established under subsection (g) of this section. Each

State forester or equivalent State official may make

recommendations to the Secretary for awards under the program for

project proposals in their State which meet such criteria.

Awards shall be consistent with the cost-share requirements of

this section.

(2) Cost-sharing

The Federal share of support for a project provided under this

subsection may not exceed 50 percent of the support for that

project and shall be provided on a matching basis. The

non-Federal share of such support may be in the form of cash,

services, or in-kind contributions.

(g) Forestry Advisory Council

(1) Establishment and purpose

The Secretary shall establish a National Urban and Community

Forestry Advisory Council (hereafter in this section referred to

as the ''Council'') for the purpose of -

(A) developing a national urban and community forestry action

plan;

(B) evaluating the implementation of that plan; and

(C) developing criteria for, and submitting recommendations

with respect to, the urban and community forestry challenge

cost-share program under subsection (f) of this section.

(2) Composition and operation

(A) Composition

The Council shall be composed of 15 members appointed by the

Secretary, as follows:

(i) 2 members representing national nonprofit forestry and

conservation citizen organizations,

(ii) 3 members, 1 each representing State, county, and city

and town governments,

(iii) 1 member representing the forest products, nursery,

or related industries,

(iv) 1 member representing urban forestry, landscape, or

design consultants,

(v) 2 members representing academic institutions with an

expertise in urban and community forestry activities,

(vi) 1 member representing State forestry agencies or

equivalent State agencies,

(vii) 1 member representing a professional renewable

natural resource or arboricultural society,

(viii) 1 member from the Extension Service,

(ix) 1 member from the Forest Service, and

(x) 2 members who are not officers or employees of any

governmental body, 1 of whom is a resident of a community

with a population of less than 50,000 as of the most recent

census and both of whom have expertise and have been active

in urban and community forestry.

(B) Vacancy

A vacancy in the Council shall be filled in the manner in

which the original appointment was made.

(C) Chairperson

The Secretary shall select 1 member, from members appointed

to the Council, who is not an officer or employee of the United

States nor any State, county, city, or town government, who

shall serve as the chairperson of the Council.

(D) Terms

(i) In general

Except as provided in clauses (ii) and (iii) of this

paragraph, members shall be appointed for terms of 3 years,

and no member may serve more than 2 consecutive terms on the

Council.

(ii) Staggered terms

Of the members first appointed -

(I) 5, including the chairperson and 2 governmental

employees, shall be appointed for a term of 3 years,

(II) 5, including 2 governmental employees, shall be

appointed for a term of 2 years, and

(III) 5, including 2 governmental employees, shall be

appointed for a term of 1 year, as designated by the

Secretary at the time of appointment.

(iii) Continuation

Any member appointed to fill a vacancy occurring before the

expiration of the term of the member's predecessor shall be

appointed only for the remainder of such term. A member may

serve after the expiration of the member's term until the

member's successor has taken office.

(E) Compensation

(i) In general

Except as provided in clause (ii), members of the Council

shall serve without pay, but may be reimbursed for reasonable

costs incurred while in the actual performance of duties

vested in the Council.

(ii) Federal officers and employees

Members of the Council who are full-time officers or

employees of the United States shall receive no additional

pay, allowances, or benefits by reason of their service on

the Council.

(iii) Financial and administrative support

The Secretary shall provide financial and administrative

support for the Council.

(3) Urban and Community Forestry Action Plan

Within 1 year after November 28, 1990, and every 10 years

thereafter, the Council shall prepare a National Urban and

Community Forestry Action Plan. The plan shall include (but not

be limited to) the following:

(A) An assessment of the current status of urban forest

resources in the United States.

(B) A review of urban and community forestry programs and

activities in the United States, including education and

technical assistance activities conducted by the Department of

Agriculture, and other Federal agencies, the State forestry

organizations, private industry, private nonprofit

organizations, community and civic organizations and interested

others.

(C) Recommendations for improving the status of the Nation's

urban and community forest resources, including education and

technical assistance and modifications required in existing

programs and policies of relevant Federal agencies.

(D) A review of urban and community forestry research,

including -

(i) a review of all ongoing research associated with urban

and community forests, arboricultural practices, and the

economic, social, and psychological benefits of trees and

forest cover in urban and community environments being

conducted by the Forest Service, other Federal agencies, and

associated land grant colleges and universities;

(ii) recommendations for new and expanded research efforts

directed toward urban and community forestry concerns; and

(iii) a summary of research priorities and an estimate of

the funds needed to implement such research, on an annual

basis, for the next 10 years.

(E) Proposed criteria for evaluating proposed projects under

the urban and community forestry challenge cost share program

under subsection (f) of this section, with special emphasis

given to projects that would demonstrate the benefits of

improved forest management (including the maintenance and

establishment of forest cover and trees) in urban areas and

communities.

(F) An estimate of the resources needed to implement the

National Urban and Community Forestry Action Plan for the

succeeding 10 fiscal years.

(4) Amendment of plan

The plan may be amended by a majority of the Council members.

Such amendments shall be incorporated into the Council's annual

review of the plan submitted to the Secretary pursuant to

paragraph (5) of this subsection.

(5) Review of plan

The Council shall submit the plan to the Secretary and the

Committee on Agriculture of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate

upon its completion. Beginning no later than one year after the

plan is submitted and annually thereafter, the Council shall

submit a review of the plan to the Secretary no later than

December 31. The review shall consist of -

(A) the Council's assessment of prior year accomplishments in

research, education, technical assistance, and related

activities in urban and community forestry;

(B) the Council's recommendations for research, education,

technical assistance, and related activities in the succeeding

year; and

(C) the Council's recommendations for the urban and community

forestry challenge cost share projects to be funded during the

succeeding year.

The review submitted to the Secretary shall be incorporated into

the annual report required under section 1601(d) of this title.

(6) Detail of personnel

Upon request of the Council, the Secretary is authorized to

detail, on a reimbursable basis, any of the personnel of the

Department of Agriculture to the Council to assist the Council in

carrying out its duties under this chapter.

(h) Definitions

For the purposes of this section -

(1) the term ''Council'' means the National Urban and Community

Forestry Advisory Council established under subsection (g) of

this section;

(2) the term ''plan'' means the National Urban and Community

Forestry Action Plan developed under subsection (g)(3) of this

section; and

(3) the term ''urban and community area'' includes cities,

their suburbs, and towns.

(i) Authorization of appropriations

There are hereby authorized to be appropriated $30,000,000 for

each of the fiscal years 1991 through 1995, and such sums as may be

necessary for each fiscal year thereafter, for the implementation

of this section.

-SOURCE-

(Pub. L. 95-313, Sec. 9, formerly Sec. 6, July 1, 1978, 92 Stat.

369; renumbered Sec. 9 and amended Pub. L. 101-624, title XII, Sec.

1215(1), 1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub. L.

102-237, title X, Sec. 1018(a)(3), Dec. 13, 1991, 105 Stat. 1905.)

-COD-

CODIFICATION

November 28, 1990, referred to in subsec. (g)(3), was in the

original ''the date of enactment of this subsection'', which was

translated as meaning the date of enactment of Pub. L. 101-624,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC3-

AMENDMENTS

1991 - Subsec. (g)(1)(C), (3)(E). Pub. L. 102-237, Sec.

1018(a)(3)(A), (B), substituted ''subsection (f)'' for ''subsection

(e)''.

Subsec. (h)(1). Pub. L. 102-237, Sec. 1018(a)(3)(C), substituted

''subsection (g)'' for ''subsection (f)''.

Subsec. (h)(2). Pub. L. 102-237, Sec. 1018(a)(3)(D), substituted

''subsection (g)(3)'' for ''subsection (f)(3)''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to Congressional

findings concerning urban forestry assistance, financial,

technical, and related assistance to State foresters or equivalent

State officials to encourage planning of urban forestry programs,

and authorization of appropriations.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2109 of this

title.

-CITE-

16 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2106. Rural fire prevention and control

-STATUTE-

(a) Congressional findings

Congress finds that -

(1) significant accomplishments have been made by the Secretary

and cooperating States in the prevention and control of fires on

forest lands and on nonforested watersheds for more than fifty

years;

(2) progress is being made by the Secretary and cooperating

States and rural communities in the protection of human lives,

agricultural crops and livestock, property and other

improvements, and natural resources from fires in rural areas;

(3) notwithstanding the accomplishments and progress that have

been made, fire prevention and control on rural lands and in

rural communities are of continuing high priority to protect

human lives, agricultural crops and livestock, property and other

improvements, and natural resources;

(4) the effective cooperative relationships between the

Secretary and the States regarding fire prevention and control on

rural lands and in rural communities should be retained and

improved;

(5) efforts in fire prevention and control in rural areas

should be coordinated among Federal, State, and local agencies;

and

(6) in addition to providing assistance to State and local

rural fire prevention and control programs, the Secretary should

provide prompt and adequate assistance whenever a rural fire

emergency overwhelms, or threatens to overwhelm, the firefighting

capability of the affected State or rural area.

(b) Implementation of provisions

Notwithstanding the Federal Fire Prevention and Control Act of

1974 (15 U.S.C. 2201 et seq.) the Secretary is authorized, under

whatever conditions the Secretary may prescribe, to -

(1) cooperate with State foresters or equivalent State

officials in developing systems and methods for the prevention,

control, suppression, and prescribed use of fires on rural lands

and in rural communities that will protect human lives,

agricultural crops and livestock, property and other

improvements, and natural resources;

(2) provide financial, technical, and related assistance to

State foresters or equivalent State officials, and through them

to other agencies and individuals, for the prevention, control,

suppression, and prescribed use of fires on non-Federal forest

lands and other non-Federal lands;

(3) provide financial, technical, and related assistance to

State foresters or equivalent State officials in cooperative

efforts to organize, train, and equip local firefighting forces,

including those of Indian tribes or other native groups, to

prevent, control, and suppress fires threatening human lives,

crops, livestock, farmsteads or other improvements, pastures,

orchards, wildlife, rangeland, woodland, and other resources in

rural areas. As used herein, the term ''rural areas'' shall have

the meaning set out in the first clause of section 1926(a)(7)

(FOOTNOTE 1) of title 7; and

(FOOTNOTE 1) See References in Text note below.

(4) provide financial, technical, and related assistance to

State foresters or equivalent State officials, and through them

to other agencies and individuals, including rural volunteer fire

departments, to conduct preparedness and mobilization activities,

including training, equipping, and otherwise enabling State and

local firefighting agencies to respond to requests for fire

suppression assistance.

(c) Encouragement of use of excess personal property by State and

local fire forces receiving assistance; cooperation and

assistance of Administrator of General Services

The Secretary, with the cooperation and assistance of the

Administrator of General Services, shall encourage the use of

excess personal property (within the meaning of the Federal

Property and Administrative Services Act of 1949) by State and

local fire forces receiving assistance under this section.

(d) Coordination of assistance with assistance of Secretary of

Commerce under Federal fire prevention and control provisions

To promote maximum effectiveness and economy, the Secretary shall

seek to coordinate the assistance the Secretary provides under this

section with the assistance provided by the Secretary of Commerce

under the Federal Fire Prevention and Control Act of 1974 (15

U.S.C. 2201 et seq.).

(e) Authorization of appropriations for implementation of

provisions

(1) There are hereby authorized to be appropriated annually such

sums as may be needed to implement paragraphs (1), (2), and (3) of

subsection (b) of this section.

(2)(A) There are hereby authorized to be appropriated annually

$70,000,000 to carry out subsection (b)(4) of this section. Of the

total amount appropriated to carry out subsection (b)(4) of this

section -

(i) one-half shall be available only for State foresters or

equivalent State officials, and through them to other agencies

and individuals, of which not less than $100,000 shall be made

available to each State; and

(ii) one-half shall be available only for rural volunteer fire

departments.

(B) The Federal share of the cost of any activity carried out

with funds made available pursuant to this paragraph may not exceed

50 percent of the cost of that activity. The non-Federal share for

such activity may be in the form of cash, services, or in kind

contributions.

(f) Special rural fire disaster fund; establishment,

appropriations, etc.

There shall be established in the Treasury a special rural fire

disaster fund that shall be immediately available to and used by

the Secretary to supplement any other money available to carry out

this section with respect to rural fire emergencies, as determined

by the Secretary. The Secretary shall determine that State and

local resources are fully used or will be fully used before

expending money in the disaster fund to assist a State in which one

or more rural fire emergencies exist. There are hereby authorized

to be appropriated such sums as may be needed to establish and

replenish the disaster fund established by this subsection.

(g) Definitions

As used in this section -

(1) the term ''rural volunteer fire department'' means any

organized, not for profit, fire protection organization that

provides service primarily to a community or city with a

population of 10,000 or less or to a rural area, as defined by

the Secretary, whose firefighting personnel is 80 percent or more

volunteer, and that is recognized as a fire department by the

laws of the State; and

(2) the term ''mobilization'' means any activity in which one

firefighting organization assists another that has requested

assistance.

-SOURCE-

(Pub. L. 95-313, Sec. 10, formerly Sec. 7, July 1, 1978, 92 Stat.

370; renumbered Sec. 10 and amended Pub. L. 101-624, title XII,

Sec. 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L.

102-237, title X, Sec. 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Fire Prevention and Control Act of 1974, referred to

in subsecs. (b) and (d), is Pub. L. 93-498, Oct. 29, 1974, 88 Stat.

1535, as amended, which is classified principally to chapter 49

(Sec. 2201 et seq.) of Title 15, Commerce and Trade. For complete

classification of the Act to the Code, see Short Title note set out

under section 2201 of Title 15 and Tables.

Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was

repealed by Pub. L. 107-171, title VI, Sec. 6020(b)(1), May 13,

2002, 116 Stat. 363.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC2-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 95-313 was renumbered section 13

and is classified to section 2109 of this title.

AMENDMENTS

1991 - Subsec. (g)(2). Pub. L. 102-237 substituted ''firefighting

organization'' for ''fire fighting organization''.

1990 - Subsec. (b)(4). Pub. L. 101-624, Sec. 1220(a), added par.

(4).

Subsec. (e). Pub. L. 101-624, Sec. 1220(b), designated existing

provisions as par. (1), inserted reference to paragraphs (1), (2),

and (3) of subsec. (b), and added par. (2).

Subsec. (g). Pub. L. 101-624, Sec. 1220(c), added subsec. (g).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Functions vested in Secretary of Commerce pursuant to provisions

of Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et

seq., transferred to Director of Federal Emergency Management

Agency pursuant to Reorg. Plan No. 3 of 1978, Sec. 201, June 19,

1978, 43 F.R. 41944, 92 Stat. 3788, set out in the Appendix to

Title 5, Government Organization and Employees, effective Apr. 1,

1979, as provided by Ex. Ord. No. 12127, Sec. 1-101, 1-103(a), Mar.

31, 1979, 44 F.R. 19637.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2106a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2106a. Emergency reforestation assistance

-STATUTE-

(a) In general

The Secretary of Agriculture is authorized to provide assistance

under this section to eligible landowners who suffer destruction of

35 percent or more of a commercial tree stand due to damaging

weather, related condition, or wildfire.

(b) Form of assistance

The assistance, if any, provided by the Secretary under this

section shall consist of either -

(1) reimbursement of up to 65 percent of the cost of

reestablishing such tree stand damaged by the damaging weather,

related condition, or wildfire in excess of 35 percent mortality;

or

(2) at the discretion of the Secretary, provision of sufficient

tree seedlings to reestablish such tree stand.

(c) Conditions

(1) Limitation on assistance

No person may receive an amount in excess of $25,000 in any

fiscal year, or an equivalent value in tree seedlings, under this

section.

(2) Ineligibility

A person who has qualifying gross revenues in excess of

$2,000,000 annually, as determined by the Secretary, shall not be

eligible to receive any disaster payment or other benefits under

this section.

(3) Implementation

In implementing this section, the Secretary shall issue

regulations -

(A) defining the term ''person'' for the purposes of this

section that shall conform, to the extent practicable, to the

regulations defining the term ''person'' issued under section

1308 of title 7;

(B) prescribing such rules as the Secretary determines

necessary to ensure a fair and reasonable application of the

limitations established under this subsection; and

(C) ensuring that no person receives duplicative payments or

assistance under this section, the Cooperative Forestry

Assistance Act of 1978 (16 U.S.C. 2101 et seq.), and the

environmental quality incentives program established under

chapter 4 of subtitle D of title XII of the Food Security Act

of 1985 (16 U.S.C. 3839aa et seq.), or other Federal program.

(d) Definitions

As used in this section -

(1) the term ''damaging weather'' includes drought, hail,

excessive moisture, freeze, tornado, hurricane, excessive wind,

or any combination thereof;

(2) the term ''eligible landowner'' means a person who -

(A) produces annual crops from trees for commercial purposes

and owns 500 acres or less of such trees;

(B) owns 1,000 acres or less of private forest land; or

(C) owns more than 1,000 acres but less than 5,000 acres of

private forest land if the Secretary, in the Secretary's

discretion, determines the person eligible;

(3) the term ''qualifying gross revenues'' means -

(A) if a majority of the person's annual income is received

from farming, ranching, and forestry operations, the gross

revenue from the person's farming, ranching, and forestry

operations; and

(B) if less than a majority of the person's annual income is

received from farming, ranching, and forestry operations, the

person's gross revenue from all sources;

(4) the term ''related condition'' includes insect

infestations, disease, or other deterioration of a tree stand

that is accelerated or exacerbated by damaging weather;

(5) the term ''reestablish'' includes site preparation,

reforestation of a damaged stand, and timber stand improvement

practices, including thinning, prescribed burning, and other

practices approved by the Secretary for reforestation;

(6) the term ''Secretary'' means the Secretary of Agriculture;

and

(7) the term ''wildfire'' means any forest or range fire.

(e) Retroactive assistance

The Secretary shall use funds provided under this section to

reimburse landowners for approved reforestation practices that were

implemented before November 28, 1990. The Secretary shall not make

reimbursements for reforestation practices that were implemented

prior to September 1, 1989.

-SOURCE-

(Pub. L. 101-624, title XII, Sec. 1271, Nov. 28, 1990, 104 Stat.

3557; Pub. L. 102-237, title X, Sec. 1018(f), Dec. 13, 1991, 105

Stat. 1906; Pub. L. 104-127, title III, Sec. 336(a)(2)(E), Apr. 4,

1996, 110 Stat. 1005.)

-REFTEXT-

REFERENCES IN TEXT

The Cooperative Forestry Assistance Act of 1978, referred to in

subsec. (c)(3)(C), is Pub. L. 95-313, July 1, 1978, 92 Stat. 365,

as amended, which is classified principally to this chapter (Sec.

2101 et seq.). For complete classification of this Act to the

Code, see Short Title note set out under section 2101 of this title

and Tables.

The Food Security Act of 1985, referred to in subsec. (c)(3)(C),

is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.

Chapter 4 of subtitle D of title XII of the Act is classified

generally to part IV (Sec. 3839aa et seq.) of subchapter IV of

chapter 58 of this title. For complete classification of this Act

to the Code, see Short Title of 1985 Amendment note set out under

section 1281 of Title 7, Agriculture, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Federal Stewardship Act of

1990 and also as part of the Food, Agriculture, Conservation, and

Trade Act of 1990, and not as part of the Cooperative Forestry

Assistance Act of 1978 which comprises this chapter.

-MISC3-

AMENDMENTS

1996 - Subsec. (c)(3)(C). Pub. L. 104-127 substituted

''environmental quality incentives program established under

chapter 4 of subtitle D of title XII of the Food Security Act of

1985'' for ''Agricultural Conservation Program established under

section 590p(b) of this title''.

1991 - Subsec. (c)(3)(C). Pub. L. 102-237 inserted ''(16 U.S.C.

2101 et seq.)'' after ''1978'' and made technical amendment to

reference to section 590p(b) of this title to correct corresponding

provision of original Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2106b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2106b. Use of money collected from States for fire suppression

assistance

-STATUTE-

Any money collected from the States for fire suppression

assistance rendered by the Forest Service on non-Federal lands not

in the vicinity of National Forest System lands shall on and after

October 21, 1998, be used to reimburse the applicable appropriation

and shall remain available until expended as the Secretary may

direct in conducting activities authorized by 16 U.S.C. 2101 note,

2101-2110, 1606, and 2111.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) (title II), Oct. 21, 1998,

112 Stat. 2681-231, 2681-273.)

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1999, and also as part of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, and not as part of the Cooperative Forestry Assistance Act of

1978 which comprises this chapter.

-MISC3-

SIMILAR PROVISIONS

Provisions similar to this section were contained in the

following prior appropriation acts:

Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577.

Pub. L. 104-208, div. A, title I, Sec. 101(d) (title II), Sept.

30, 1996, 110 Stat. 3009-181, 3009-208.

Pub. L. 104-134, title I, Sec. 101(c) (title II), Apr. 26, 1996,

110 Stat. 1321-156, 1321-185; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.

Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.

Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1402.

Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1018.

Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1943.

Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 727.

Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1810.

-CITE-

16 USC Sec. 2106c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2106c. Enhanced community fire protection

-STATUTE-

(a) Cooperative management related to wildfire threats

The Secretary may cooperate with State foresters and equivalent

State officials in the management of lands in the United States for

the following purposes:

(1) Aid in wildfire prevention and control.

(2) Protect communities from wildfire threats.

(3) Enhance the growth and maintenance of trees and forests

that promote overall forest health.

(4) Ensure the continued production of all forest resources,

including timber, outdoor recreation opportunities, wildlife

habitat, and clean water, through conservation of forest cover on

watersheds, shelterbelts, and windbreaks.

(b) Community and Private Land Fire Assistance Program

(1) Establishment; purpose

The Secretary shall establish a Community and Private Land Fire

Assistance program (in this subsection referred to as the

''Program'') -

(A) to focus the Federal role in promoting optimal

firefighting efficiency at the Federal, State, and local

levels;

(B) to augment Federal projects that establish landscape

level protection from wildfires;

(C) to expand outreach and education programs to homeowners

and communities about fire prevention; and

(D) to establish space around homes and property of private

landowners that is defensible against wildfires.

(2) Administration and implementation

The Program shall be administered by the Forest Service and

implemented through State foresters or equivalent State

officials.

(3) Components

In coordination with existing authorities under this chapter,

the Secretary, in consultation with the State forester or

equivalent State official, may undertake on non-Federal lands -

(A) fuel hazard mitigation and prevention;

(B) invasive species management;

(C) multiresource wildfire planning;

(D) community protection planning;

(E) community and landowner education enterprises, including

the program known as FIREWISE;

(F) market development and expansion;

(G) improved wood utilization; and

(H) special restoration projects.

(4) Consent required

Program activities undertaken by the Secretary on non-Federal

lands shall be undertaken only with the consent of the owner of

the lands.

(5) Considerations

The Secretary shall use persons in the local community wherever

possible to carry out projects under the Program.

(c) Consultation

In carrying out this section, the Secretary shall consult with

the Administrator of the United States Fire Administration, the

Director of the National Institute of Standards and Technology, and

the heads of other Federal agencies, as necessary.

(d) Authorization of appropriations

There are hereby authorized to be appropriated to the Secretary

to carry out this section -

(1) $35,000,000 for each of fiscal years 2002 through 2007; and

(2) such sums as are necessary for fiscal years thereafter.

-SOURCE-

(Pub. L. 95-313, Sec. 10A, as added Pub. L. 107-171, title VIII,

Sec. 8003(b), May 13, 2002, 116 Stat. 473.)

-MISC1-

FINDINGS FOR ENHANCED COMMUNITY FIRE PROTECTION

Pub. L. 107-171, title VIII, Sec. 8003(a), May 13, 2002, 116

Stat. 473, provided that: ''Congress finds the following:

''(1) The severity and intensity of wildland fires has

increased dramatically over the past few decades as a result of

past fire and land management policies.

''(2) The record 2000 fire season is a prime example of what

can be expected if action is not taken.

''(3) Wildland fires threaten not only the forested resources

of the United States, but also the thousands of communities

intermingled with the wildlands in the wildland-urban interface.

''(4) The National Fire Plan, if implemented to achieve

appropriate priorities, is the proper, coordinated, and most

effective means to address the issue of wildfires.

''(5) While adequate authorities exist to tackle the wildfire

issues at the landscape level on Federal lands, there is limited

authority to take action on most private lands, and the largest

threat to life and property exists on private lands.

''(6) There is a significant Federal interest in enhancing

community protection from wildfire.''

-CITE-

16 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2107. Financial, technical, and related assistance to States

-STATUTE-

(a) Development of State organizations for protection and

management of non-Federal forest lands; scope of assistance;

request by officials

To aid in achieving maximum effectiveness in the programs and

activities conducted under this chapter, the Secretary is

authorized to provide financial, technical, and related assistance

to State foresters or equivalent State officials for the

development of stronger and more efficient State organizations that

will enable them to fulfill better their responsibilities for the

protection and management of non-Federal forest lands. Assistance

under this subsection may include, but will not be limited to,

assistance in matters related to organization management, program

planning and management, budget and fiscal accounting services,

personnel training and management, information services, and

recordkeeping. Assistance under this subsection may be extended

only upon request by State foresters or equivalent State officials.

(b) Assembly, analysis, display, and reporting of State forest

resources data, resources planning, etc.; scope of assistance;

other statutory provisions unaffected

To ensure that data regarding forest lands are available for and

effectively presented in State and Federal natural resources

planning, the Secretary is authorized to provide financial,

technical, and related assistance to State foresters or equivalent

State officials in the assembly, analysis, display, and reporting

of State forest resources data, in the training of State forest

resources planners, and in participating in natural resources

planning at the State and Federal levels. The Secretary shall

restrict assistance under this subsection to the implementation of

the forestry aspects of State and Federal natural resources

planning conducted under other laws. This subsection shall not be

construed, in any way whatsoever, as extending, limiting, amending,

repealing, or otherwise affecting any other law or authority.

(c) Technology implementation program; scope of program;

availability of funds; use of forest resources planning

committees

To ensure that new technology is introduced, new information is

integrated into existing technology, and forest resources research

findings are promptly made available to State forestry personnel,

private forest landowners and managers, vendors, forest operators,

wood processors, public agencies, and individuals, the Secretary is

authorized to carry out a program of technology implementation.

(1) In implementing this subsection, the Secretary is

authorized to work through State foresters or equivalent State

officials, and, if the State forester or equivalent State

official is unable to deliver these services, the Secretary is

authorized to act through appropriate United States Department of

Agriculture agencies, subdivisions of States, agencies,

institutions, organizations, or individuals to -

(A) strengthen technical assistance and service programs of

cooperators participating in programs under this chapter by

applying research results and conducting pilot projects and

field tests of management and utilization practices, equipment,

and technologies, related to programs and activities authorized

under this chapter;

(B) study the effects of tax laws, methods, and practices on

forest management;

(C) develop and maintain technical information systems in

support of programs and activities authorized under this

chapter;

(D) test, evaluate, and seek registration of chemicals for

use in implementing the programs and activities authorized

under this chapter;

(E) conduct other activities, including training of State

forestry personnel whom the Secretary deems necessary to ensure

that the programs and activities authorized under this chapter

are responsive to special problems, unique situations, and

changing conditions.

(2) The Secretary may make funds available to cooperators under

this chapter without regard to the provisions of section 3324(a)

and (b) of title 31, which prohibits advances of public money.

(3) The Secretary shall use forest resources planning

committees at National and State levels in implementing this

subsection.

(d) Authorization of appropriations

There are hereby authorized to be appropriated annually such sums

as may be needed to implement this section.

-SOURCE-

(Pub. L. 95-313, Sec. 11, formerly Sec. 8, July 1, 1978, 92 Stat.

371; renumbered Sec. 11, Pub. L. 101-624, title XII, Sec. 1215(1),

Nov. 28, 1990, 104 Stat. 3525.)

-COD-

CODIFICATION

In subsec. (c)(2), ''section 3324(a) and (b) of title 31''

substituted for ''section 3648 of the Revised Statutes (31 U.S.C.

529)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,

96 Stat. 1067, the first section of which enacted Title 31, Money

and Finance.

-MISC3-

PRIOR PROVISIONS

A prior section 11 of Pub. L. 95-313 was renumbered section 14

and is classified to section 2110 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2108. Consolidation of payments

-STATUTE-

(a) Request by State; excluded funds

To provide flexibility in funding activities authorized under

this chapter, the Secretary may, upon the request of any State,

consolidate the annual financial assistance payments to that State

under this chapter, in lieu of functional cost sharing mechanisms,

formulas, or agreements. However, consolidated payments shall not

include money appropriated under section 2103 of this title or

money from any special Treasury fund established under this

chapter.

(b) State forest resources programs as basis

Consolidation of payments made under this section shall be based

upon State forest resources programs developed by State foresters

or equivalent State officials, and reviewed by the Secretary.

(c) Amount of payments

Consolidated payments to any State during any fiscal year shall

not exceed the total amount of non-Federal funds expended within

the State during that year to implement its State forest resources

program. However, the Secretary may make payments that exceed the

non-Federal amount expended for selected activities under the

program, if the total Federal expenditure during any fiscal year

does not exceed the total non-Federal expenditure during that year

under the State forest resources program.

(d) Certification requirement by State forester or equivalent State

official for Federal payment

The Secretary may make consolidated payments on the certificate

of the State forester or equivalent State official that the

conditions for Federal payment have been met.

(e) Administration of consolidated payments program not to

adversely affect, etc., other programs

The Secretary shall administer this section to ensure that the

use of consolidated payments does not adversely affect or eliminate

any program authorized under this chapter.

(f) Total annual amount of financial assistance to participating

State; financial assistance for special projects not to be

included in determining base amount

Subject to applicable appropriation Acts, the total annual amount

of financial assistance to any participating State after July 1,

1978, shall not be less than the base amount of financial

assistance provided to that State under all the provisions of law

specified in section 2111 of this title during the fiscal year in

which this chapter is enacted. However, financial assistance for

special projects of two years or less duration shall not be

included in determining the base amount for any participating

State.

-SOURCE-

(Pub. L. 95-313, Sec. 12, formerly Sec. 9, July 1, 1978, 92 Stat.

372; renumbered Sec. 12 and amended Pub. L. 101-624, title XII,

Sec. 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)

-MISC1-

PRIOR PROVISIONS

A prior section 12 of Pub. L. 95-313, which amended section 1606

of this title and enacted provisions set out as a note under that

section, was renumbered section 15.

AMENDMENTS

1990 - Subsec. (f). Pub. L. 101-624, Sec. 1224(2), made technical

amendment to reference to section 2111 of this title to reflect

renumbering of corresponding section of original act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2109. General provisions

-STATUTE-

(a) Cooperative and coordinating requirements for implementation of

programs, etc.

In implementing this chapter, the Secretary shall, to the maximum

extent practicable -

(1) work through, cooperate with, and assist State foresters or

equivalent State officials;

(2) encourage cooperation and coordination between State

foresters or equivalent State officials and other State agencies

that manage renewable natural resources;

(3) use and encourage cooperators under this chapter to use,

private agencies, consultants, organizations, firms, and

individuals to furnish necessary materials and services; and

(4) promote effectiveness and economy by coordinating the

direct actions and assistance authorized under this chapter with

related programs the Secretary administers, and with cooperative

programs of other agencies.

(b) Availability of appropriations

Money appropriated under this chapter shall remain available

until expended.

(c) Consultation requirements for implementation of programs, etc.

Requirements for the development of State forest resources

programs and State participation in management assistance, planning

assistance, and technology implementation, the apportionment of

funds among States participating under this chapter, the

administrative expenses in connection with activities and programs

under this chapter, and the amounts to be expended by the Secretary

to assist non-State cooperators under this chapter, shall be

determined by the Secretary in consultation with a committee of not

less than five State foresters or equivalent State officials

selected by a majority of the State foresters or equivalent State

officials from States participating in programs under this

chapter. However, the Secretary need not consult with such

committee regarding funds to be expended under emergency conditions

that the Secretary may determine.

(d) Definitions

For the purposes of this chapter -

(1) The terms ''United States'' and ''State'' shall include

each of the several States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands of the United

States, the Commonwealth of the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and the territories and

possessions of the United States;

(2) The term ''forest resources'' shall include esthetics, fish

and wildlife, forage, outdoor recreation opportunities, timber,

and water; and

(3) The term ''urban forestry'' means the planning,

establishment, protection, and management of trees and associated

plants, individually, in small groups, or under forest conditions

within cities, their suburbs, and towns.

(e) Rules and regulations

The Secretary may prescribe rules and regulations, as the

Secretary deems appropriate, to implement the provisions of this

chapter.

(f) Granting, etc., authorities

The Secretary is authorized to make grants, agreements,

contracts, and other arrangements the Secretary deems necessary to

implement this chapter.

(g) Construction of statutory provisions

This chapter shall be construed as supplementing all other laws

relating to the Department of Agriculture and shall not be

construed as limiting or repealing any existing law or authority of

the Secretary, except as specifically cited in section 2111 of this

title.

(h) Additional assistance

In addition to the authority provided elsewhere in this chapter,

the Secretary may provide assistance to other countries with

respect to the activities described in paragraphs (1) through (10)

of section 2102(b) of this title, paragraphs (1) through (5) of

section 2104(b) (FOOTNOTE 1) of this title, and paragraphs (1)

through (3) of section 2105(b) of this title. For the purposes of

providing assistance to other countries under this subsection, the

term ''non-Federal forest land'' shall mean any forest land and

related renewable natural resources in such countries. In

providing the assistance authorized under this subsection, the

Secretary shall coordinate with other Federal officials,

departments, agencies, or international organizations, as the

President may direct. The references to ''State foresters or

equivalent State officials'' in this chapter shall not apply to the

assistance provided by the Secretary to other countries under this

subsection.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 95-313, Sec. 13, formerly Sec. 10, July 1, 1978, 92 Stat.

373; Pub. L. 101-513, title VI, Sec. 611(b)(3), formerly Sec.

607(b)(3), Nov. 5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(3),

Pub. L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593;

renumbered Sec. 13 and amended Pub. L. 101-624, title XII, Sec.

1215(1), 1224(3), Nov. 28, 1990, 104 Stat. 3525, 3542.)

-REFTEXT-

REFERENCES IN TEXT

Section 2104(b) of this title, referred to in subsec. (h), was in

the original a reference to section 7(b), meaning section 7(b) of

Pub. L. 95-313, which has been translated as reading section 8(b)

of Pub. L. 95-313 as the probable intent of Congress. Section 7(b)

of Pub. L. 95-313, which is classified to section 2103c of this

title, does not contain pars. (1) to (5).

-MISC2-

PRIOR PROVISIONS

A prior section 13 of Pub. L. 95-313 was renumbered section 16

and is classified to section 2111 of this title.

AMENDMENTS

1990 - Subsec. (g). Pub. L. 101-624, Sec. 1224(3), made technical

amendment to reference to section 2111 of this title to reflect

renumbering of corresponding section of original act.

Subsec. (h). Pub. L. 101-513, which directed amendment of section

12 of Pub. L. 95-313 by adding a new subsec. (h), was executed to

this section to reflect the probable intent of Congress.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2110. Statement of limitation

-STATUTE-

This chapter shall not authorize the Federal Government to

regulate the use of private land or to deprive owners of land of

their rights to property or to income from the sale of property,

unless such property rights are voluntarily conveyed or limited by

contract or other agreement. This chapter does not diminish in any

way the rights and responsibilities of the States and political

subdivisions of States.

-SOURCE-

(Pub. L. 95-313, Sec. 14, formerly Sec. 11, July 1, 1978, 92 Stat.

374; renumbered Sec. 14 and amended Pub. L. 101-624, title XII,

Sec. 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.)

-MISC1-

PRIOR PROVISIONS

A prior section 14 of Pub. L. 95-313 was renumbered section 17

and is set out as a note under section 2101 of this title.

AMENDMENTS

1990 - Pub. L. 101-624, Sec. 1221, amended section generally.

Prior to amendment, section read as follows: ''This chapter does

not authorize the Federal Government to regulate the use of private

land or to deprive owners of land of their rights to property or to

income from the sale of property, and this chapter does not

diminish in any way the rights and responsibilities of the States

and political subdivisions of States.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106b of this title.

-CITE-

16 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2111. Other Federal programs

-STATUTE-

(a) Repeal of statutory authorities

The following laws, and portions of laws, are hereby repealed:

(1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known

as the Clarke-McNary Act (43 Stat. 653-654, as amended; 16 U.S.C.

564, 565, 566, 567);

(2) the Act of April 26, 1940, known as the White Pine Blister

Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a);

(3) the Forest Pest Control Act;

(4) the Cooperative Forest Management Act;

(5) section 401 of the Agricultural Act of 1956 (16 U.S.C.

568e);

(6) title IV of the Rural Development Act of 1972 (7 U.S.C.

2651 et seq.); and

(7) section 1009 and the proviso to section 1010 (FOOTNOTE 1)

of the Agricultural Act of 1970, as added by the Agriculture and

Consumer Protection Act of 1973 (16 U.S.C. 1509, 1510).

(FOOTNOTE 1) See References in Text note below.

(b) Force and effect of contracts and cooperative and other

agreements under cooperative forestry programs executed under

authority of repealed statutes

Contracts and cooperative and other agreements under cooperative

forestry programs executed under authority of the Acts, or portions

thereof, repealed under subsection (a) of this section shall remain

in effect until revoked or amended by their own terms or under

other provisions of law.

(c) Availability of funds appropriated under authority of repealed

statutes for cooperative forestry assistance programs

Funds appropriated under the authority of the Acts, or portions

thereof, repealed under subsection (a) of this section shall be

available for expenditure for the programs authorized under this

chapter.

-SOURCE-

(Pub. L. 95-313, Sec. 16, formerly Sec. 13, July 1, 1978, 92 Stat.

374; renumbered Sec. 16, Pub. L. 101-624, title XII, Sec. 1215(1),

Nov. 28, 1990, 104 Stat. 3525.)

-REFTEXT-

REFERENCES IN TEXT

Act of April 26, 1940, known as the White Pine Blister Rust

Protection Act (54 Stat. 168; 16 U.S.C. 594a), referred to in

subsec. (a)(2), is act Apr. 26, 1940, ch. 159, 54 Stat. 168, which

enacted section 594a of this title.

The Forest Pest Control Act, referred to in subsec. (a)(3), is

act June 25, 1947, ch. 141, 61 Stat. 177, as amended, which enacted

sections 594-1 to 594-5 of this title and enacted provisions set

out as notes under section 594-1 of this title. For complete

classification of this Act to the Code, see Tables.

The Cooperative Forest Management Act, referred to in subsec.

(a)(4), is act Aug. 25, 1950, ch. 781, 64 Stat. 473, as amended,

which enacted sections 568c and 568d of this title, repealed

section 568b of this title, and enacted a provision set out as a

note under section 568c of this title. For complete classification

of this Act to the Code, see Tables.

The Rural Development Act of 1972, referred to in subsec. (a)(6),

is Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title

IV of the Rural Development Act of 1972 was classified generally to

subchapter I (Sec. 2651 et seq.) of chapter 59 of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title of 1972 Amendment note set out under section 1921

of Title 7 and Tables.

Section 1010 of the Agricultural Act of 1970, as added by the

Agriculture and Consumer Protection Act of 1973, referred to in

subsec. (a)(7), was classified to section 1510 of this title prior

to repeal by Pub. L. 104-127, title III, Sec. 336(d)(1), Apr. 4,

1996, 110 Stat. 1006.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106b, 2108, 2109 of this

title.

-CITE-

16 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2112. Cooperative national forest products marketing program

-STATUTE-

(a) Findings and purposes

(1) Findings

Congress finds that -

(A) the health and vitality of the domestic forest products

industry is important to the well-being of the economy of the

United States;

(B) the domestic forest products industry has a significant

potential for expansion in both domestic and foreign markets;

(C) many small-sized to medium-sized forest products firms

lack the tools that would enable them to meet the increasing

challenge of foreign competition in domestic and foreign

markets; and

(D) a new cooperative forest products marketing program will

improve the competitiveness of the United States forest

products industry.

(2) Purposes

The purposes of this section are to -

(A) provide direct technical assistance to the United States

forest products industry to improve marketing activities;

(B) provide cost-share grants to States to support State and

regional forest products marketing programs; and

(C) target assistance to small-sized and medium-sized

producers of solid wood and processed wood products, including

pulp.

(b) Program authority

(1) In general

The Secretary shall establish a cooperative national forest

products marketing program under this chapter that provides -

(A) technical assistance to States, landowners, and

small-sized to medium-sized forest products firms on ways to

improve domestic and foreign markets for forest products; and

(B) grants of financial assistance with matching requirements

to the States to assist in State and regional forest products

marketing efforts targeted to aid small-sized to medium-sized

forest products firms and private, nonindustrial forest

landowners.

(2) Interstate cooperative agreements

Grant agreements shall encourage the establishment of

interstate cooperative agreements by the States for the purpose

of promoting the development of domestic and foreign markets for

forest products.

(c) Limitations

(1) Cooperation with other Federal agencies

In carrying out this section, the Secretary shall cooperate

with Federal departments and agencies to avoid the duplication of

efforts and to increase program efficiency.

(2) Domestic program

The program authorized under this section shall be carried out

within the United States and not be extended to Department of

Agriculture activities in foreign countries.

(d) Authorization for appropriations

There are authorized to be appropriated $5,000,000 for each of

the fiscal years 1988 through 1991, to carry out this section.

(e) Program report

The Secretary shall report to Congress annually on the activities

taken under the marketing program established under this section.

A final report including recommendations for program changes and

the need and desirability of the reauthorization of this authority,

and required levels of funding, shall be submitted to Congress not

later than September 30, 1990.

-SOURCE-

(Pub. L. 95-313, Sec. 18, formerly Sec. 15, as added Pub. L.

100-418, title IV, Sec. 4403, Aug. 23, 1988, 102 Stat. 1400;

renumbered Sec. 18, Pub. L. 101-624, title XII, Sec. 1215(1), Nov.

28, 1990, 104 Stat. 3525.)

-MISC1-

INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE

Section 1247 of Pub. L. 101-624, as amended by Pub. L. 102-237,

title X, Sec. 1018(c), Dec. 13, 1991, 105 Stat. 1905, provided

that:

''(a) Establishment. - The Secretary of Agriculture may establish

an International Forest Products Trade Institute (hereafter in this

section referred to as the 'Institute').

''(b) Mission. - The mission of the Institute will be to increase

the competitive position of the forest industries of the

northeastern United States as major producers of international

forest products in order to increase domestic employment and

stimulate rural development, and to provide a knowledgeable,

objective analysis of global forest resource problems.

''(c) Functions. - The Institute shall -

''(1) emphasize the application of existing knowledge to the

manufacturing and international marketing of forest products as

well as conduct new research related to the competitiveness of

the northeastern forest products industry;

''(2) study and evaluate domestic and international forest,

forest sector, agroforestry, development, economic, and trade

policies;

''(3) design, analyze and test technologically appropriate

manufacturing, processing and marketing systems which are

supportive of and consistent with forest policy and management

strategies formulated by the Institute and which enhance

opportunities for markets in forest products; and

''(4) formulate and test management strategies for -

''(A) United States forests, and

''(B) manufacturing facilities that promote ecologically

sustainable use, and long-term management, of international

forests.

''(d) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out the

purposes of this section.''

-CITE-

16 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2113. Federal, State, and local coordination and cooperation

-STATUTE-

(a) Department of Agriculture Coordinating Committee

(1) Establishment

The Secretary shall establish an intradepartmental committee,

to be known as the ''Forest Resource Coordinating Committee''

(hereafter referred to in this section as the ''Coordinating

Committee''), to coordinate forestry activities.

(2) Composition

The Coordinating Committee shall be composed of

representatives, appointed by the Secretary, from the

Agricultural Research Service, Agricultural Stabilization and

Conservation Service, Extension Service, Forest Service, and Soil

Conservation Service.

(3) Chairperson

The Secretary shall designate the Chief of the Forest Service

as chairperson.

(4) Duties

The Coordinating Committee shall -

(A) provide assistance in directing and coordinating actions

of the Department of Agriculture that relate to educational,

technical, and financial assistance concerning forest land to

private landowners;

(B) clarify individual agency responsibilities concerning

forest land of each agency represented on the Committee; and

(C) advise the Secretary of intradepartmental differences

regarding the implementation of this chapter, and any other Act

related to the authority of the Secretary concerning

non-Federal forest lands.

(b) State Coordinating Committees

(1) Establishment

(A) In general

The Secretary, in consultation with the State forester or

equivalent State official of each State, shall establish a

State Forest Stewardship Coordinating Committee (hereafter

referred to in this section as the ''State Coordinating

Committee'') for each such State.

(B) Composition

The State Coordinating Committee shall be chaired and

administered by the State forester, or equivalent State

official, or the designee thereof, and shall be composed, to

the extent practicable, of -

(i) representatives from the Forest Service, Soil

Conservation Service, Agricultural Stabilization and

Conservation Service, and Extension Service;

(ii) representatives, to be appointed by the State forester

or equivalent State official, representative of -

(I) local government;

(II) consulting foresters;

(III) environmental organizations;

(IV) forest products industry;

(V) forest land owners;

(VI) land-trust organizations, if applicable in the

State;

(VII) conservation organizations; and

(VIII) the State fish and wildlife agency; and

(iii) any other individuals determined appropriate by the

Secretary.

(C) Terms

The members of the State Coordinating Committee appointed

under subparagraph (B)(ii) shall serve 3-year terms, with the

initial members serving staggered terms as determined by the

State forester or equivalent State official, and may be

reappointed for consecutive terms.

(D) Existing committees

Existing State forestry committees may be used to complement,

formulate, or replace the State Coordinating Committees to

avoid duplication of efforts if such existing committees are

made up of membership that is similar to that described in

subparagraph (B)(ii), and if such existing committees include

landowners and the general public in their memberships.

(2) Duties

A State Coordinating Committee shall -

(A) consult with other Department of Agriculture and State

committees that address State and private forestry issues;

(B) make recommendations to the Secretary concerning the

assignment of priorities and the coordination of

responsibilities for the implementation of this chapter by the

various Federal and State forest management agencies that take

into consideration the mandates of each such agency;

(C) make recommendations to the State forester or equivalent

State official concerning the development of a Forest

Stewardship Plan under paragraph (3); and

(D) make recommendations to the Secretary concerning those

forest lands that should be given priority for inclusion in the

Forest Legacy Program established pursuant to section 2103c of

this title.

(3) Forest Stewardship Plan

The State forester or equivalent State official of each State,

in consultation with the State Coordinating Committee of such

State, shall develop a Forest Stewardship Plan that shall -

(A) provide baseline data on the forest resources of the

State;

(B) outline threats to the forest resources of the State;

(C) describe economic and environmental opportunities that

are linked with the forest resources of the State;

(D) address management problems, opportunities, and

objectives associated with intermingled Federal, State, and

private land ownership patterns within the State; and

(E) make planning recommendations for Federal, State, and

local implementation of this chapter.

(4) Other plans

Other State forest management plans may be used as the basis

for or in lieu of establishing a plan for the State under

paragraph (3) if such plans fully conform to the objectives of

this section.

(5) Termination

The State Coordinating Committees shall not terminate.

(6) Rule of construction

Nothing in this section shall be construed to compel action by

any State official.

-SOURCE-

(Pub. L. 95-313, Sec. 19, as added Pub. L. 101-624, title XII, Sec.

1222, Nov. 28, 1990, 104 Stat. 3540.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2103, 2103c of this

title.

-CITE-

16 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-

Sec. 2114. Administration

-STATUTE-

(a) In general

The Secretary shall administer this chapter in accordance with

regulations that the Secretary shall develop.

(b) Guidelines

The regulations promulgated under this chapter shall include

guidelines for the administration of this chapter at the Federal

and State levels and shall identify the measures and activities

that are eligible for cost sharing under this chapter.

(c) Existing mechanisms

Existing mechanisms shall be used to the extent possible to make

payments and deliver services to the landowner under this chapter.

(d) Land grant universities

The Secretary, in consultation with State foresters or equivalent

State officials, may provide assistance directly to other State and

local natural resource management agencies and land grant

universities in implementing this chapter in cases in which the

State foresters or equivalent State officials are not able to make

fund transfers to other State and local agencies.

-SOURCE-

(Pub. L. 95-313, Sec. 20, as added Pub. L. 101-624, title XII, Sec.

1223, Nov. 28, 1990, 104 Stat. 3542.)

-CITE-